An attorney for the family of Joseph Johnson has requested records from the brief jury trial of Elias Cerdas, the Idaho Falls police officer who shot and killed him.

Cerdas was on trial for one day, charged with involuntary manslaughter, when his defense attorneys reached an agreement to dismiss the charges if he underwent additional training.

Cerdas shot and killed Johnson in Johnson’s own backyard on Feb. 8, 2021, while searching for a man who had fled from a traffic stop who a witness had said was armed. Johnson was wearing clothing similar to the suspect’s the night he was shot.

In July 2021, Johnson’s widow, Bree Johnson, sent a tort claim to the city.

That claim stated Cerdas’ shooting of her husband was unjustified. It also said Cerdas was not properly trained by the Idaho Falls Police Department before the shooting.

A tort claim is not a lawsuit, but typically precedes one. Tort claims are a written demand to recover money damages from a governmental entity, its employees and/or its representatives alleging misconduct. If the agency involved does not respond to or rejects the claim, then the claimant may sue the agency.

Court records reviewed by the Post Register showed Bree Johnson’s attorney Michael Lutz of The Spence Law Firm in Jackson, Wyoming, was looking to review records from the criminal case.

The Spence Law Firm is known for its founder, Attorney Gerry Spence who famously never lost a criminal case in his career as either a prosecutor or a defense attorney.

During court proceedings Cerdas’ defense attorneys defended his actions, noting that Joseph Johnson was armed with a gun when he was shot and did not immediately respond to an order by another officer to drop his gun.

The tort claim, however, argues that Joseph Johnson was not given enough time to act before he was shot.

Jeffrey Nye, lead deputy prosecutor of the Idaho Attorney General’s Office, told the jury evidence would show Cerdas was guilty of manslaughter, citing his intent to call witnesses that would include an expert on the use of force and another Idaho Falls Police officer who would testify as to why he did not also decide to shoot Joseph Johnson.

The jury never heard that information, however, because of the agreement to dismiss the case.

As of Friday, no lawsuit has been filed by the Johnson family.