The family of a man who was shot and killed by an Idaho Falls Police Department officer has filed a tort claim indicating they intend to sue the department and the city.
The claim filed on July 22 states that the shooting of Joseph Johnson in February was unjustified and alleges the officer, Elias Cerdas, was not properly trained.
The claim was filed by Johnson’s wife, Bree Johnson, as well as his parents, Charles Johnson and Tammy Johnson.
A tort claim isn’t a lawsuit, but it often precedes one. Tort claims are a written demand to recover money damages from a governmental entity, its employees and/or its representatives alleging misconduct. Tort law requires that the agency involved must respond within three months. If the agency does not respond to or rejects the claim then the claimant may sue the agency.
Cerdas shot Johnson while responding to reports that a man named Tanner Shoesmith had fled from a Bonneville County Sheriff’s Office deputy during a traffic stop. Shoesmith was wanted for felony battery of an officer.
Police tracked Shoesmith to a house on the corner of Tendoy Drive and Syringa Drive. Police have said that as they were searching the area for Shoesmith, Johnson exited his home holding a gun and wearing clothing similar to that of Shoesmith’s.
Idaho Falls Police Department Chief Bryce Johnson, (no relation to the victim) has said police told Joseph Johnson to drop the weapon before shooting him.
The tort claim includes previously unreported details about the incident. It states that Shoesmith entered the Johnson family’s garage and that Johnson forced him off the property at gunpoint.
“Joseph Johnson realized that there was an intruder in his home,” the claim states. “He defended his family by expelling Mr. Shoesmith from his home at gunpoint. He alerted officers to Mr. Shoesmith’s presence. Officer Cerdas responded, but instead of aiding Joseph Johnson, instead shot and killed him.”
“The Potential Defendants were aware that Mr. Shoesmith was in or around the Johnsons’ home, but failed to take any steps to warn, evacuate, or otherwise protect the Johnsons,” the claim alleges.” The Potential Defendants used reckless and inappropriate tactics in conducting the manhunt.”
The claim states Cerdas did not give proper commands before using his gun, saying he did not give Johnson time to drop his gun before shooting him.
The Johnson family also blamed the Idaho Falls Police Department, alleging that Cerdas was inexperienced and not properly trained. The department, the city of Idaho Falls and Chief Johnson were all listed as potential defendants in the claim. Bonneville County, the Bonneville County Sheriff’s Office and Sheriff Sam Hulse were also listed as potential defendants.
The claim notes that the full details of the investigation into the shooting still are not public. Cerdas has since been charged with involuntary manslaughter. However, no probable cause affidavit was released in the case, as Cerdas was indicted through grand jury proceedings.
The Johnson family intends to request compensation for the funeral and burial expenses from Joseph Johnson’s death, as well as compensation for the loss of future financial support and emotional distress caused by the shooting. The records state this is particularly true for Bree Johnson, who reportedly watched as Cerdas shot and killed her husband.
Idaho Code 6-926 allows lawsuits against government entities to demand either up to $500,000 or the maximum covered by their insurance. The Johnson family state in the petition they will request whichever is higher. In a footnote, the records also state the plaintiffs will request punitive damages to “deter similar misconduct in the future.”
Cerdas remains employed at the Idaho Falls Police Department, but has been removed from law enforcement duties. Public Information Officer Jessica Clements said the department could not comment on pending litigation.
A motion hearing in Cerdas’ criminal case is scheduled for 1:30 p.m. Feb. 23 in Bonneville County Court. Involuntary manslaughter is punishable with up to 10 years in prison.