In a case that civil rights attorneys are calling “one of the most outrageous uses of deadly force” they’ve encountered, the family of 17-year-old Victor Perez has filed a wrongful death and civil rights violation claim against the City of Pocatello, Idaho.
The claim, filed by renowned civil rights attorney John Burris and his firm Burris, Nisenbaum, Curry & Lacy (BNCL), alleges that Pocatello police officers shot Victor nine times within moments of arriving at his home during a domestic disturbance call—without attempting de-escalation, and despite the fact that Victor was non-verbal, autistic, had cerebral palsy, and was behind a chain link fence.
“This was a particularly vulnerable 17-year-old,” said Burris in a press release issued April 16. “The family wanted the police to help their son, not kill him. The officers’ conduct shocks the conscience of all families needing assistance with developmentally disabled kids.”
According to the claim and supporting documents, the incident occurred around 5:30 p.m. on April 5, 2025, at the family’s home at 703 North Harrison Avenue in Pocatello. Victor’s family had called police for help with what was described as a domestic disturbance involving Victor. Four officers arrived on the scene and, within seconds, opened fire.
Victor was behind a four-foot chain link fence holding a knife, but his attorneys argue that he posed no immediate threat. “Mr. Perez presented with obvious disabilities and appeared incapable of posing an actual threat to the officers,” the press release stated. “He never attacked his family members, and when the officers opened fire, his back was to his family as he moved toward the fence—away from them.”
He was shot nine times. After multiple surgeries, he was declared brain dead and removed from life support.
Victor’s mother Wanda Alicea, sister Monica Perez, aunt Ana Vazquez, and grandfather Luis Alicea (also his legal guardian) were present during the shooting. They are now seeking damages not only for Victor’s death but also for the emotional trauma they endured as eyewitnesses.
“The officers had obvious alternatives to the unconscionable decision to open fire on Victor,” said attorney Ben Nisenbaum. “Not once did they tell his family members they would shoot if they didn’t move away from Victor. And there’s no chance that they really believed Victor was able to stab them from behind the fence.”
Nisenbaum added that Victor’s physical movements “were consistent with a person who was developmentally and physically disabled, not some superman who would bound over the fence at them.”
The legal claim accuses the officers and the City of Pocatello of excessive force, negligence, wrongful death, and both negligent and intentional infliction of emotional distress. It demands preservation of all physical and digital evidence—including bodycam footage, communications, and digital logs—from the city and the police department.
The legal team points to what they describe as a pattern in police interactions with individuals with developmental disabilities. In this case, they argue, not only did the officers fail to de-escalate, but they also made no effort to assess Victor’s condition before resorting to lethal force.
As laid out in the formal claim packet: “No de-escalation methods were attempted. Perez possessed a knife at the time of the incident. However, Mr. Perez was located behind a chain link fence. He posed no threat to the officers to warrant the level of force used.”
The claim argues that the officers should have recognized Victor’s disability and acted accordingly, particularly given that his family members—who were much closer to him than the officers—were not harmed or attacked, nor did they express fear.
The attorneys have called for a full criminal investigation by the Idaho Attorney General and insist that the involved officers be prosecuted. “We hope the investigation recognizes the obvious,” Nisenbaum said. “These officers criminally failed at their jobs and should be held to account in criminal court.”
In their communication to the City of Pocatello, the legal team also requested public records and information under both the Idaho Public Records Act and the federal Freedom of Information Act. The letters demand access to incident reports, officer names, bodycam footage, and any correspondence related to the shooting.
They have also issued a formal Evidence Preservation Notice, warning that the destruction or deletion of any related records—digital or physical—could result in civil or criminal liability.
The family’s attorneys allege a wide range of misconduct and legal violations, including:
- Excessive Force and Unconstitutional Use of Lethal Force
- Negligent Hiring, Supervision, and Training
- Assault and Battery
- Wrongful Death
- Negligent and Intentional Infliction of Emotional Distress
- Violation of State Civil Rights Statutes
The claim explicitly states that damages sought are in excess of $25,000 and likely to include general damages for pain and suffering, special damages for lost wages and medical expenses, and compensation for psychological trauma and emotional scarring .
The death of Victor Perez comes amid continuing national concern over how law enforcement responds to mental health and developmental crises, with critics calling for alternatives to armed police responses.
Civil rights leaders are watching the case closely. Given John Burris’s involvement—who famously represented Rodney King, Oscar Grant’s family, and others—this case could become a flashpoint in the national debate over policing, disability, and accountability.
“The officers’ conduct shocks the conscience,” Burris said. “This was not a tragedy—it was a completely preventable killing of a vulnerable child.”
As legal proceedings begin, the family of Victor Perez and their legal team have vowed to pursue justice not only for Victor, but for all families whose children with disabilities deserve care, not bullets.
