In late 2008, the estate of Jose Lemus-Rodriguez filed a six-count lawsuit against the city and Fort Wayne Police Officer James Arnold in his individual capacity, alleging excessive force, failure to train and supervise, a state law claim for a wrongful death, negligence, assault and battery, and intentional infliction of emotional distress. Lemus-Rodriguez’s estate includes a young daughter in Guatemala.
Arnold faced no criminal charges for the shooting. Arnold fired 18 rounds allegedly fearing for his fellow officers safety. The victim was drunk. The tape of the shooting of Lemus-Rodriquez is remain ealed.
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