Family of man killed in police pursuit seeking $4.3 million from State, Gilbert Police

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Brad Moore's girlfriend said he was an Army Veteran who suffered from PTSD. (Source: 3TV/CBS 5) Brad Moore's girlfriend said he was an Army Veteran who suffered from PTSD. (Source: 3TV/CBS 5)
Brad Moore's girlfriend said he was an Army Veteran who suffered from PTSD. (Source: 3TV/CBS 5) Brad Moore's girlfriend said he was an Army Veteran who suffered from PTSD. (Source: 3TV/CBS 5)
(Source: 3TV/CBS 5) (Source: 3TV/CBS 5)
PHOENIX (3TV/CBS 5) -

The family of Brad Moore, the man killed in a high-speed pursuit in January, have filed a notice of claim against the State of Arizona and the Town of Gilbert.

The 29-year-old Army veteran's parents seek $4 million from DPS and $300,000 from the Town of Gilbert.

Friends of the Army paratrooper, who served in Afghanistan, and even others in law enforcement say the pursuit broke department policy and state law as DPS' second in command, Lt. Colonel Heston Silbert, ignored the safety of the public to pursue a property crime while he was off duty in his personal vehicle which did not have police lights and sirens.

Moore died after the vehicle rolled several hundred feet down a mountain off I-17 near Camp Verde.

[WATCH DIGITAL EXTRA: Deadly pursuit timeline]

The Moores are represented by Jason Lamm who recently defended Leslie Merritt, the alleged I-10 Freeway Shooter who sued the state for wrongful arrest. 

Larry and Kimberley Moore, represented by attorney Jason Lamm, spoke to members of the media about the claim filed Monday.

[RAW VIDEO: Attorney Jason Lamm representing Larry and Kimberley Moore press conference]

Lamm spoke about the day Brad Moore, after stealing a truck, led authorities on a pursuit the ended with the truck driving off the road and rolling hundreds of feet down a mountainside.

"It was like there was a pack of wild coyotes going after wounded prey," said Lamm, describing the atmosphere of the January incident.

"This pursuit was initiated by, and instigated by, and continued by D.P.S. LTC, Heston Silbert, the Deputy Director. He was off duty, he saw what was in fact brad stealing a truck.  But he was in his personal vehicle, he had no police lights, no radio. He was just left to communicate with Gilbert dispatch by his cellphone," said Lamm.

Lamm continued, “Even when the Phoenix police helicopter, Firebird, told him (LTC. Silbert) to stand down to terminate the pursuit… LTC. Silbert, he would not stop.” 

The Moore’s spoke about their son Brad.

“He was always the life of the party, everybody loved to be around Brad. He was a good athlete he was a good friend,” said Larry. “He loved going into the Army, uh, but after being in for a while he was really ready to come out after seeing , being in Afghanistan. “

Larry describes the changes in Brad after he got out of the military, “He was not trusting of people at times, he would go to a restaurant and would never sit with he back to the door.” Brad had been honorably discharged after being diagnosed with P.T.S.D.

Brad’s mom, Kimberley, said he was a family guy, “He loved family get-togethers. Every Sunday I do dinner at my house and he would call, “OK, we’re doing Sunday?… he always talked about, to me, about how he was so excited for someday that he would have his own family.” 

An Arizona Department of Public Safety spokesman, Bart Graves, said that they are aware of the Notice of Claim filed against the State, but due to pending litigation, it would be inappropriate to comment to the specifics of the incident. Graves added, "our top priority is always what’s in the best interest of public safety. As previously stated, the actions of the employees involved in the event were reviewed and findings were made based on the policies of AZDPS." 

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