Posted on 10/06/2009 9:34:39 PM PDT by Chet 99
911 call records homeowner being shot by Phoenix PD
Reported by: ABC15.com staff, wire reports
Last Update: 7:20 pm
Man shot by Phoenix PD files $5.75 million claim
PHOENIX – The 911 call made by a Phoenix homeowner before he was shot six times by Phoenix police has been released.
Tony Arambula is seeking $5.75 million in damages for himself and his family after he was shot on September 17, 2008 after officers responded to a call about an intruder inside Arambula's central Phoenix home.
The claim, filed by Phoenix attorney Michael Manning on behalf of Arambula, names the city, its police department, the officer who shot Arambula and two other officers.
Phoenix police declined to comment on the shooting or the pending claim.
The night of the shooting, Arambula said an intruder had broken into his home.
Arambula called 911 and told police he was holding the intruder at gunpoint.
As officers arrived, Arambula's wife Lesley said she told them her husband was inside the house holding a gun on the intruder.
"I told them my husband was inside, he was the one with the gun," she said Tuesday.
The officers entered the house with a shout of "Police!"
Almost immediately afterward, Phoenix police Officer Brian Lilly shot Arambula in the back.
Three more shots were fired at Arambula, one hitting him in the arm.
The incident was recorded during Arambula’s 911 call.
Listen to the call.
The claim said that when Arambula fell to the floor, Lilly shot him two more times.
That's when Arambula told Lilly he'd shot the wrong man.
In his Internal Affairs interview, Lilly admitted firing at Arambula without any verbal warning, according to the claim.
Arambula said he did everything he was supposed to do in that situation.
"I would have loved if they would have told me to get on the floor and drop to my knees," Arambula said. "To not have given me any opportunity to not get shot, it's confusing. I pray that this never happens to another family."
They’ll get promotions and raises I am sure.
Nope. I disagree on this one.
That officer is one deep cauldron of kim chee!
It will continue to happen so long as families call 9-1-1 instead of finishing the job themselves. If one is going to call 911 out of some sort of humane feelings for the intruder instead of shooting him on the spot, one should have a dog or two on the premises so that the officers have someone to shoot when they arrive. If an officer has a dog to shoot it is less likely he will shoot the homeowner.
Command staff material no doubt...
Occifer D’OHnut. Wonder if the actual burglar got away in the confusion?
They will all be chiefs someday /sarc
This kind of crap is going to continue as long as the police are legally represented by unions and the public buys into the BS about officer safety, not puclic safety, being an officers prime objective.
Think again.
http://www.azcentral.com/community/phoenix/articles/2009/09/25/20090925phxarambula0925.html
Yup. A good reason to keep a pair or two of handcuffs at home.
It will never happen to me, I guarantee- I will NEVER call the police while I'm holding a LIVE intruder at gunpoint in my house. That's inviting a disaster (this disaster in particular). Like the 911 operator asks in that redneck joke, Are you sure he's dead?, I will be sure!
Shoot first and ask questions later?
I don’t think they teach you that at the police academy.
Sounds like this cop thinks he’s Dirty Harry or something.
I don’t need to reconsider this one.
A $5.75 Million lawsuit will fix that just fine and the homeowner didn’t die. No police department can continue to function well with that kind of adverse publicity if they get operations funding from taxpayers. There will be accountability even though it sounds as though the Police Department is stone deaf.
But I do have to say this: Phoenix is someplace you couldn’t pay me enough to live. It has nothing to do with the cops, but the thankless job they have policing an illegal alien santuary city rife with Mexican narco gangsters.
Uh, handcuffs are for taking prisoners- why would anyone want to do that?
Went in with clouded head, not comprehending what he had just been told, and of course “guy with gun” means “bad guy” to Occifer D’OHnut.
Unfortunately for you, modern forensics are now good enough that you do not stand much of a chance if you try to “shoot, shovel, and shut up.”
Have thought this scenario through over and over, and never have been able to see any chance of a good outcome. Even if every responding officer knew me personally, I wouldn’t want to take the chance just so some scumbag who broke into my house can live. Especially with family present.
When did it ever become a good idea to use a gun to hold someone for the police? Sounds like this guy was too nice for his own good.
Read Scalia’s opinion in the Heller case
I think that it depends on where you live. Illinois has different rules than Texas.
This is not good for the Phoenix PD. I will wait for their rebuttal (if they have one).
Well this happened in AZ so no idea what’s considered “fair game.”
Wonder if Occifer D’OHnut was on Sherf Arpaio’s team???
The opposition is being pushed by police union who have sworn to be such blood brothers they will defend blatant murders.
Maybe the city has already settled.
Phoenix PD is NOT county.
I’m not defending, just would like to hear the officer explain why he shot the homeowner. The truth will come out in this.
I predict he takes the 5th on that one.
First day on deer season.
I spent a lot of time working in Phx in the 70/80’s. They have an open carry law there. Back then, the police got upset about guns that were NOT visible, but you could walk into a bar with a gun on your hip and that was legal, and I saw it happen.
I don’t think he can. He is government property.
It doesn’t say if the intruder had a weapon. So I have to ask if you would murder an unarmed intruder rather than call the cops?
He would certainly demand an assurance that anything he says in this CIVIL trial would not carry over into any possible CRIMINAL trial. (Unless the prosecutor has already given this a pass)
I would just like to hear why he shot the homeowner. I seriously doubt he woke up that day hoping to shoot somebody. He may be 100% in the wrong but all I have is the homeowners account. That’s all.
yeah... either shoot him or let him go. don’t wait for the cops to show up while you’re still holding a gun.
Amen! And goodnight all!
Won’t let me do the former in Ill Noise, and the latter are you stupid?!? he’s just going to come back later!
The more that I think about this I am going to conjecture the officer did not know who the perp was and reacted to the man with the gun. The homeowner should have released the gun at their presence yet did not.
I disagree. Trying to put handcuffs on a muscular criminal while maintaining control of your gun is a recipe for disaster. In the worst case scenario you could find yourself shooting him by accident just as the handcuffs click closed. Imagine explaining that to a jury.
Here's how I would handle it: Once you've got the drop on the thug, tell him to lie face down, arms extended away from the body, palms up, and legs crossed. This is a position from which it is difficult to spring up suddenly. Tell him to turn his head so he can't see you. Make it clear that you'll shoot him if he moves out of that position. Stand at the other side of the room, clearly visible from the door, beside a bed or table where you can place the gun down safely. As soon as you hear the police announce themselves or batter the door, put your piece on the table, kneel, and raise your empty hands in the air. Then pray they don't shoot you anyway!
I have rooms without windows that can accomplish control. A couple of shots into the wall may be required to mean business.
Ah didn't take you long to blame the victim and exonerate the filth.
The truth is out there Family Says 911 Tape Caught Cops Planning Cover-Up After Shooting
Lilly says on the tape that he did not know where Anthony's gun was when he shot him and that he "opened fire because he heard loud noises and saw someone who looked like he might be the 'Hispanic' male they were pursuing" before getting to the Arambulas' house, according to the complaint.Attempted murder 25 to life.The complaint states: "Sgt. Coutts knew that officers has just shot up and likely killed an innocent homeowner and the husband of Lesley, with whom he had spoken before entering the home, instead of the armed intruder. Sgt. Coutts was quick to commence the cover-up of their terrible mistake. Sgt. Coutts asked Office Lilly where Tony's gun was at the time Officer Lilly had opened fire on Tony. Officer Lilly admitted that he did not know where Tony's gun was: 'I don't know. I heard screaming and I fired.'"
Lilly later told a police internal affairs investigator that Anthony had pointed his gun in his direction, "in the 'ready' position," the complaint states. But Anthony Arambula says he was facing away from the officers, who could not have even seen his gun.
The complaint continues: "Still not knowing that he is being recorded n the 911 tape, Sgt. Coutts interrupted Officer Lilly's admission and apology with his assurance that the cover-up would commence: 'That's all right. Don't worry about it. I got your back. ... We clear?'"
forgot the /s...
but if he had no arms, howd he open the window/door ???
beyond an amputee, in my house uninvited, hes considered dangerous enough to murder defend my family from...as I cant read his mind for 'intent' and wouldnt believe the conjob if I could...
“A good reason to keep a pair or two of handcuffs at home.”
“Once you’ve got the drop on the thug, tell him to lie face down, arms extended away from the body, palms up, and legs crossed.”
~~~
In my state the bad guy gets the whole magazine,,,
THEN,,,call the cops,,,
Don’t take a chance...
Lilly later told a police internal affairs investigator that Anthony had pointed his gun in his direction, "in the 'ready' position," the complaint states.
It smacks as a fatal mistake.
So I have to ask if you would murder an unarmed intruder rather than call the cops?
~~~
So I have to ask what lib state you live in?...
BTW, since that thread is so informative WHERE was the gun found?
He lied to Internal Affairs about seeing a gun
Job losing mistake likely
Prison time mistake good chance
Lethal injection mistake, should be he's a cop so no.
What about the Police Enquiries Board giving him a clean chit, and a pat on the back for the incident? That just happened.
That’s so cool... that the PD announced the officer was exonerated after their investigation.
No doubt the Chief will stick by that statement....even after the 911 tape is heard over the plotted cover up.
That’s just what type of people seek to inhabit local law enforcement today everywhere...snakes are what they are.
Their leader is worse than the snakes he keeps.
I believe there was another lie they may have told also....about the hispanic man they were chasing.
I believe they made that up also.
The homeowner needs to raise that monetary claim of damages to another 10mil....to get Pheonix in a real bind cause he does have a case and a good one.
Maybe...it’ll make Pheonix mad enough after the trial to rid themselves of ALL the scrum in that town.
Guy was shot in the back. Doesn’t sound like the officer in question was being truthful.
I doubt that they would get rid of the scum no matter how high the cost. They would just raise taxes on the slaves.
“The more that I think about this I am going to conjecture the officer did not know who the perp was and reacted to the man with the gun. The homeowner should have released the gun at their presence yet did not.”
From the article:
“Arambula called 911 and told police he was holding the intruder at gunpoint.
As officers arrived, Arambula’s wife Lesley said she told them her husband was inside the house holding a gun on the intruder.
‘I told them my husband was inside, he was the one with the gun,’ she said Tuesday.
The officers entered the house with a shout of ‘Police!’
Almost immediately afterward, Phoenix police Officer Brian Lilly shot Arambula in the back.”
The cops knew the homeowner was holding a gun. They were told at least twice. Officer Lilly fired anyway.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.