SALT LAKE CITY (AP) - The family of a young Utah man killed by police while wielding a samurai sword filed a civil rights lawsuit Friday against the officers and the city that employs them.
The federal lawsuit seeks more than $2 million in damages, said family attorney Robert Sykes. It contends that 22-year-old Darrien Hunt wasn't a threat and was fatally shot after he tripped while running from two Saratoga Springs officers.
His family has said Hunt was treated differently because of his race. Hunt was black. The two officers are white.
"This is an outrageous case of a man being shot down," Sykes said. "We want justice for Darrien Hunt, and this lawsuit will do it."
Prosecutors ruled the shooting legally justified, saying officers feared Hunt could hurt someone with the sword after he lunged at them. The family disputes that, saying the sword was part of a Japanese anime costume and Hunt took it out after officers asked him to hand it over, according to the suit.
The Utah County Attorney's Office stands by its findings, Deputy Tim Taylor said Friday. He declined further comment.
Hunt's family is suing the city and officers Matthew Schauerhamer and Nicholas Judson. The suit also seeks body cameras and use-of-force training for police.
City spokesman Owen Jackson said Friday that he couldn't comment on pending litigation. Publicly listed numbers for the officers were disconnected.
Judson encountered Hunt on Sept. 10 after someone called 911 to report a young man walking around a commercial strip of stores with a sword.
The caller didn't report a crime. Judson started yelling at Hunt shortly after arriving at the scene, according to a copy of the lawsuit provided by Sykes. Schauerhamer wasn't dispatched to the area but heard radio traffic about the situation and came to help, it says.
After talking with the officers and refusing to surrender the sword, Hunt ran away from police. The suit alleges he was afraid and the officers didn't tell Hunt to stop running, though Schauerhamer told investigators he did at one point.
Schauerhamer has said he believed Hunt wanted to hurt people with the sword and was running toward a Walmart where people would be in a parking lot, according to court documents.
Friday's suit contends that Hunt tripped on his pants, sending the sword flying 10 to 15 feet away before the fatal shots were fired.
"We think that Schauerhamer shot Darrien when he was essentially helpless and no threat," Skyes said. He also questioned why it took investigators several days to interview the officers involved.
The suit alleges violations of Hunt's constitutional rights, as well as wrongful death, and says Saratoga Springs didn't give its officers proper training on using nonlethal force. Saratoga Springs is about 35 miles south of Salt Lake City.
Hunt's mother, Susan Hunt, said Friday that the man's family has been deeply affected by his loss.
"It's not justified in any way, shape, or form," she said.
The NAACP has also asked the U.S. Department of Justice to review whether police violated Hunt's civil rights. Sykes said he hasn't heard from any federal investigators in the case.
No hearings were immediately scheduled in the suit.