By Associated Press - Tuesday, October 27, 2015

WICHITA, Kan. (AP) - The father of a man who was shot and killed by Wichita police has filed a federal lawsuit contending that the department has a policy of using deadly force even when officers don’t face an immediate threat.

Attorneys for Santiago Quintero filed the lawsuit Monday in federal court against the city of Wichita and one police officer, whose name has not been released.

Quintero’s son, John Paul Quintero, 23, was shot and killed Jan. 3 after officers responded to a report of a drunken man armed with a knife trying to get into a home. Officers found Quintero and his father inside a sports utility vehicle and said the younger man ignored orders to show his hands. According to police, after an officer used a stun gun on him to no effect, Quintero reached toward his waistband and a second officer shot him.

Santiago Quintero says his son had his hands up and his back to officers when he was shot, The Wichita Eagle reported ( ). He contends that his son was unarmed and posed no threat when the officer shot him with the stun gun. He says it left his son incapacitated, but that didn’t stop the other officer from shooting him twice from behind without warning.

“The unnecessarily aggressive behavior and impulsive, reckless and excessive use of deadly force by the City police was entirely consistent with the Wichita Police Department’s established training, practices, policies and customs,” the lawsuit states.

Attorneys for Santiago Quintero last month sent the city a letter seeking $10 million for his son’s death and said a lawsuit would be filed if they did not receive a response or settlement offer. The lawsuit was filed Oct. 21. It seeks punitive and actual damages but does not include a specific amount.

“There’s a pattern of violations linked to the city’s training and supervision regarding deadly force,” attorney Thomas Bowers said, referring to 11 other police shootings listed in the lawsuit in which people were killed or injured by officers between 2010 and February 2014.

Jennifer Magana, an attorney for the city, said Tuesday she had no comment because the city has not yet been served with the lawsuit.

Police have refused to comment because the investigation has been turned over to Sedgwick County District Attorney Marc Bennett, who said Tuesday that his investigation was ongoing.

The FBI is also looking into the shooting to determine whether any civil rights violations occurred.


Information from: The Wichita (Kan.) Eagle,

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