ACLU, family suing city of Scottsdale in deadly officer-involved shooting

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by Catherine Holland

Video report by Javier Soto

Posted on September 24, 2012 at 7:05 AM

Updated Monday, Sep 24 at 8:54 PM

SCOTTSDALE, Ariz. -- The ACLU is expected to announce the filing of federal lawsuit against the city of Scottsdale in connection with the deadly shooting of a man who was holding a 7-month-old baby.

The family of John Loxas planned to file suit Monday alleging police misconduct.

This goes back to the night of Valentine's Day when Scottsdale police officer James Peters shot and killed Loxas. Neighbors had called 911 to report that Loxas, 50, was pointing a gun at them while holding a baby.

According to police officials, Peters and another officer said Loxas had a "black object" in his hand. Believing it was a gun, Peters fired when Loxas, still holding his little grandson, made what he interpreted as a threatening move. The object in Loxas' hand turned out to be a cell phone.

Two loaded guns were found inside the doorway of Loxas' home, although police say he was not holding a weapon when he was shot.

Peters, a 12-year veteran has been involved in six other shootings, five of them fatal. He has been cleared of all wrongdoing in those previous cases.

In April, while still on paid administrative leave, Peters announced his desire to retire.

The ACLU will host a news conference later Monday morning.

The Scottsdale Police Department's policy forbids officers from commenting on ongoing court proceedings in which the agency is the defendant.

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