The family of a man who shot and killed by police in Washington state early this year is seeking nearly $4.8 million in damages, according to public records obtained by CNN.
Authorities say that Antonio Zambrano-Montes, a Mexican national and migrant worker, was throwing rocks at police in Pasco, Washington, before he was fatally shot on February 10. Officers had used a Taser on him, but it wasn’t effective, police said.
Two officers were hit by the rocks, one of which police claim was as large as a softball, according to authorities.
Zambrano-Montes did not have a gun. The toxicology report conducted by police said that his blood tested positive for methamphetamine.
Zambrano-Montes’ family initially filed a $25 million claim against the city, which they then withdrew. Charles Herrmann, an attorney for Zambrano-Montes’ family, said at the time that the family wanted to do more investigating and would then file a renewed claim.
According to the new claim, filed on Thursday, Zambrano-Montes “did not represent a threat of grievous bodily harm to anyone” at the time of his death, which it called “totally unjustified.” The claim repeatedly refers to his death as an “execution.”
Authorities and Zambrano-Montes’ family dispute whether he was shot in the back; both parties had autopsies done, yielding different conclusions.
A video that surfaced in February appears to show a man cocking back his arm, holding something in his hand, winding back and throwing it in the general direction of police. The man then turns around and multiple gunshots can be heard. The tape shows Zambrano running across a street with police in pursuit before he was fatally shot.
Franklin County police released additional dashboard camera and witness video of the incident last week.
A different angle from police dashcam shows an object flying toward the feet of one officer, after which shots are fired. It’s not clear from the angle where the object came from.