http://www.azcentral.com/news/articles/0414wvshooting0414.html
Driver shot in traffic stop seeking $5 mil in damages
Brent Whiting The Arizona Republic Apr. 14, 2006 12:00 AM
TOLLESON - A Phoenix man ended up with a bullet in the back after being stopped by Tolleson police for making an illegal left turn, according to an investigative report.
David Dewayne Russell, 33, who says he did nothing to provoke the Aug. 22 shooting, has since filed a notice of claim with Tolleson seeking $5 million in damages.
His attorneys, Nicholas Vakula and Michael Magee, argue in the claim that the conduct of Tolleson police, in general, and Officer Kenneth Hernandez, in particular, "has been nothing short of despicable."
They allege that Hernandez pulled the trigger after Russell was stopped near 91st Avenue and Van Buren Street for a minor traffic infraction.
Russell, who works at an import-export firm, told investigators he didn't immediately realize that he had been shot, according to a nearly 550-page report released by the Arizona Department of Public Safety.
But Russell told investigators that when blood started to flow, he turned to Tolleson police and yelled, "Why did you shoot me? What did I do to deserve this?"
Because of the possibility of a lawsuit against the city, Tolleson City Manager Reyes Medrano said he was unable to comment on the shooting.
Kent Komadina, an attorney for 32-year-old Hernandez, a four-year member of the Tolleson force, said he hasn't seen the report, so he can't comment.
Prosecutors have yet to review the shooting to determine whether it was justified, said Bill FitzGerald, a spokesman for the Maricopa County Attorney's Office.
Russell said the shooting took place after he had left home to drive to work.
He said he noticed that two teenagers, a boy and girl, including a neighbor, were walking to Tolleson High School and he stopped to offer them a ride.
During interviews, Hernandez and Crystal Hutson, another Tolleson officer, told investigators that after the two teens got into the car, Russell made an illegal left turn, so they made a traffic stop.
Hernandez said he became worried when Russell and the others suddenly jumped out of the vehicle, so he drew his weapon and ordered them back in the car.
He said Russell was slow to comply and seemed to reach into the back seat, as if lunging for a weapon. He said he fired off a shot, striking Russell, after he saw the man's arm start to come up.
Investigators said no weapon was found during a search of Russell's vehicle.
They said Russell has not been charged with any wrongdoing.
His $5 million claim was filed Dec. 22. Arizona law requires a notice of claim before a government agency can be sued.