When police responded to a neighborhood in Chandler, Arizona, after reports of an armed man making threats, Mark Trujillo warned officers that his family was inside their neighboring home. The events that unfolded next dramatically altered his life.
Body camera and Ring footage obtained by CBS News provided a detailed view of the incident. Officers on one side of the street ordered the suspect to drop his gun and then opened fire. However, officers on the opposite side were unaware the suspect was down. “I remember making a gesture with my hand, but saying, ‘you’re gonna hit my house,’ and that’s it,” Trujillo recounted to CBS News. Moments later, he became a mistaken target, shot by an officer who confused him with the suspect. “We have an innocent,” an officer can be heard saying on bodycam footage.
The shooting severed Trujillo’s spine, leaving the father of five paralyzed. “I fell right there, and my children and my wife saw me from that door. I was laying right here yelling for help,” he recalled.
A Nationwide Issue
A CBS News investigation of police records, body camera footage, court documents, and local reports found over 50 incidents since 2015 where innocent bystanders were shot by police. Many chaotic bodycam footages reveal the collateral damage when bystanders get caught. Law enforcement watchdogs believe the number is higher, noting the lack of official tracking.
“The Department of Justice, our federal government, should be keeping track of these stats,” stated attorney Benjamin Taylor, representing Mark Trujillo.
Families of victims often struggle to find financial assistance for medical or funeral expenses. Mark Trujillo’s medical necessities and lost wages prompted him to file a $50 million lawsuit against the Chandler Police Department and city.
Legal and Systemic Challenges
Many of these cases are difficult because officers are often protected by qualified immunity, shielding them from civil lawsuits. In Trujillo’s case, attorneys for the Chandler Police Department argue that the officers were performing their duties and were not negligent. The litigation remains unresolved.
The officers involved in Trujillo’s shooting were cleared of any criminal wrongdoing. CBS News sought an interview with the Chandler Police Department’s chief, but a spokesperson declined due to the ongoing lawsuit.
The Fraternal Order of Police advocates for qualified immunity to be enshrined in law. “This doctrine is especially important to law enforcement officers, who need this protection to perform discretionary functions fundamental to law enforcement and public safety,” wrote Patrick Yoes, the group’s president, to Congress.
In May, a Los Angeles jury found the LAPD not liable for the shooting death of 14-year-old Valentina Orellana-Peralta, after she was accidentally killed by police fire inside a Burlington Coat Factory. This left her family without recourse for a wrongful death lawsuit.
The Officers’ Perspective
Interviews with police officers nationwide revealed that many feel potential lawsuits over firearm use complicate their jobs. This concern may also hinder the recruitment of new officers.
“We understand that there are good officers out there, but when an officer makes a mistake, they need to be held accountable for their actions,” stated Taylor.