TEMPE, AZ (3TV/CBS5) -- The parents of a 14-year-old boy who was shot and killed by a Tempe police officer in January are taking the first step toward filing a lawsuit in their son's death.

[WATCH: Family plans to sue Tempe PD for death of teen]

Officer Joseph Jaen is the officer who shot Antonio Arce. Jaen resigned in May.

[RELATED: Tempe police officer who shot, killed 14-year-old boy has resigned]

Now, Antonio's parents have filed a $5 million Notice of Claim against the City of Tempe and the Tempe Police Department.

"Officer Jaen's actions violate long-standing tradition and common sense," the document reads. "In our society, we do not shoot unarmed people, and we certainly do not shoot them in the back."

The claim states that the teen was wrongfully killed by Officer Jaen.

"Officer Jaen's actions flew in the face of his training and the Tempe Police Department's own policies regarding the use of deadly force," the Notice of Claim document reads.

The document states that use of force was not reasonable, nor was it appropriate. It also states that Officer Jaen failed to render aid."

[RELATED: Tempe PD: 14-year-old boy with airsoft gun shot, killed by police]

Antionio was shot on Jan. 15, 2019, near 48th Street and Baseline Road.

"First of all, nothing is going to bring back my client's son," said the family's attorney Daniel Ortega Jr. "But my client's say we don't want this to happen to nobody else and there has to be consequences."

"We're really frustrated at the City of Tempe's lack of cooperation when it comes to disclosing the information that we needed to do this notice of claim," added Ortega. "I had a public records request that was submitted in January of this year asking for the police reports, asking for the dispatch calls, asking for everything possible about this case. They have not given to me to this day."

Ortega also said the family wants the Tempe Police Department to make policy changes to ensure officers are qualified to patrol the streets. However, he wasn't able to specify what changes they would suggest yet because they need more information.

Officer Jaen said he believed the young suspect had a gun, but it turned out to be an airsoft gun. Video shows Arce running away from Jaen when Jaen fired two shots.

"He ran because he was scared," said Antonio's brother shortly after the shooting. "I heard witnesses saying he was screaming, 'Oh my God, oh my God!'"

Antonio was taken to the hospital where he was pronounced dead.

"Officer Jaen acted recklessly and with disreagard for human life, firing at Antonio without warning," the claim letter states.

Later, Tempe police released a portion of the body cam video of the incident.

[RELATED: Tempe PD shows media new video in officer-involved shooting of 14-year-old boy]

The Maricopa County Attorney's Office has been reviewing the case.

"As with all officer-involved shootings, the Maricopa County Attorney’s Office will review the facts of this case and ultimately make a charging decision," the department said in February.

Along with a criminal review, there is an administrative investigation to see if the officer violated department policy.

[RELATED: Criminal or cleared, the investigations that follow an officer-involved shooting]

The Notice of Claim asks for $5 million to settle, but states that "no amount of money would replace the tragic loss sustained by Sandra and Juan, (Antonio's parents,) nor are they the type of people who see this as an opportunity for an economic windfall."

Parties named in the claim letter have 60 days to respond before further legal action is taken.

A City of Tempe official confirms the city did receive the notice of claim, but told us "the city does not discuss possible litigation."

And the Tempe Police Department said, "It is not a practice of the Tempe Police Department to comment on possible pending litigation."


Copyright 2019 KPHO/KTVK (KPHO Broadcasting Corporation). All rights reserved.



Recommended for you