Phoenix man shot, seriously injured by police wants $50 million

A 21-year-old man shot in the back by a Phoenix police officer in August is now threatening to sue the city for $50 million over the injuries he suffered and allegations of misconduct by officers.

Devin Thompson and his attorneys announced the notice of claim — which is a precursor to a lawsuit — during a press conference on Jan. 18. Thompson, in a wheelchair at the event, suffered serious injuries in the Aug. 1 incident, including a collapsed lung and a fractured vertebra and rib, according to his attorneys. The claim alleged that police officers used excessive force, violated Thompson's civil rights and targeted Thompson based on his race.

"His quality of life has been destroyed," attorney Sandra Slaton wrote in the notice of claim. "While he may recover in the future from some of his physical injuries, there is no telling when or how he will ever recover from the mental and emotional damages (he) received from being shot by a police officer."

The incident unfolded on Aug. 1 as Thompson and a second person were sitting on a landscaping wall near 35th Avenue and Bell Road. As two officers in a police vehicle approached the two men, Thompson ran in the direction of his apartment. An officer exited the cruiser on the passenger side with his gun drawn, told Thompson to stop and shot him, according to the claim and video footage released by the Phoenix Police Department.

Thompson was taken to HonorHealth Deer Valley Medical Center, where he spent 11 days. Thompson's attorneys alleged that police pressured the hospital to release Thompson, and officers carried him out of the facility on Aug. 12. Later that day, he "quickly experienced acute chest pain" and was returned to the hospital, where he remained until Aug. 22, according to his attorneys.

Police claimed that Thompson had a gun with him and tossed it aside as he fled and was shot. Thompson's attorneys said he was unarmed and shot in the back.

‘You grabbed a gun, dude’

In an Aug. 15 "critical incident briefing," police detailed the agency's view of the shooting. The briefings are narrated by officers and include edited compilations of body camera footage, dispatch audio and other information regarding an incident.

Police received a call that a man was “waving a gun” on a residential street near 35th Avenue and Bell Road, according to the briefing. Officers indicated that one of the two men may have brandished a gun in a similar incident on July 31 — the day before the shooting.

In video footage included in the briefing, Thompson carried a cell phone in his right hand as he fled, and what appears to be a gun falls from his left side as he runs past the officer, who shot him at close range. Thompson fell to the ground and screamed, and blood was visible through his white shirt.

The officer who was driving the cruiser approached Thompson and yelled, “Get your fucking hands up now, bitch.”

“I didn’t do nothing,” Thompson said repeatedly.

“You grabbed a gun, dude,” one of the officers said.

The briefing included an image of the handgun Thompson allegedly was holding at the time he was shot.

On Aug. 30, a grand jury indicted Thompson on three charges: two counts of disorderly conduct involving a deadly weapon and one count of misconduct involving weapons. All three charges are felonies. One of the disorderly conduct charges is from a July 31 incident, and the other two charges are from the Aug. 1 incident when Thompson was shot by police, according to court documents.

‘There’s no crime in running’

During the Jan. 18 press conference, Thompson, Slaton and attorney Robert McWhirter were surrounded by other Black and brown Phoenicians who shared their experiences with police violence.

“I ask you to watch their own video,” McWhirter said. “That’s not even the raw video. That’s their best version of it.”

Thompson’s lawyers said Thompson was unarmed when he was shot by the officer.

“When you say this young man had a gun when he was shot, and then they have to cut away to a picture of some other random gun, that’s just unconscionable. I think that speaks for itself,” McWhirter said. “When your own spin doesn’t effectively spin, you can just imagine what evidence is going to come out at trial.”

Arthur Mobley, a longtime Valley resident and civil rights activist, said it's a "very natural" reaction for someone to flee from officers over concerns for their safety.

“We have people like this young man (Thompson) who are terrified of the police," Mobley said at the press conference. "They have reason to be terrified of the police. The police pull up, you scatter. You run. You don’t want to be around the police.

“They get out with guns, they are going to hurt someone. You don’t want to be one of the people hurt, so you flee. So, just because someone runs, that is not a crime. There’s no crime in running. It’s a bodily function, very natural for all of us to do," he added.

As for Thompson, the recovery is going slowly.

“I have been just resting up. Therapy,” Thompson said. “Just healing up, just make my mind right. Been going to church every Sunday. That's about it."

Feds investigate Phoenix police

Since August 2021, Phoenix police have been under investigation by the U.S. Department of Justice for its officers’ use of deadly force and other concerns that include officers retaliating against protesters, engaging in discriminatory policing and their conduct when dealing with people who have disabilities or are unsheltered.

City officials said on Dec. 18 that they have given DOJ investigators more than 81,000 documents, 20,000 body camera videos and 200 recordings of emergency calls. The city said it had so far spent $5.1 million on the investigation.

What the DOJ is looking for is evidence that the police department’s policies led to the constitutional rights of people being frequently violated.

While investigators inch toward a resolution, Maricopa County Attorney Rachel Mitchell rebuked the DOJ’s effort to assess the practices of Phoenix police.

“I know that we’re looking at another DOJ investigation into the city of Phoenix. I’m not sure people understand how controlling that is and how much money that involves,” Mitchell said at an Oct. 18 press conference. “It has grown into a cottage industry that is costing taxpayers millions and millions of dollars.”

Last year, Phoenix police shot and killed 12 people, an increase from the 10 killed in 2022. So far in 2024, officers have shot and killed two men.