The family of a woman shot and killed by police officers on Hwy. 212 in Eden Prairie last year filed a federal lawsuit Monday against the Chaska officer who shot her, accusing him of improperly using deadly force.
The shooting, which took place one year ago this Saturday, killed Dawn Pfister, 34, of Elkhorn, Wis., and Matthew Serbus, 36, of Brooklyn Center, after they led police on a chase from Chaska to Eden Prairie, then refused officers' commands. Pfister's family says that the mother of two children posed no threat to police and that she had been reported as a hostage.
"What happened is a really clear unconstitutional violation and needs to be redressed," said Minneapolis attorney Bob Bennett, who is representing the family. "This is a clearer act of police misconduct than [New York chokehold victim Eric] Garner … or any case I've been involved with in my 38 years. You don't do this. You don't fire 21 bullets to protect the hostage and then shoot the hostage."
The lawsuit, filed in U.S. District Court on Monday against Chaska Police Sgt. Brady Juell and the city of Chaska by Philip Sieff, the trustee for Pfister's children, alleges that Juell used "unconstitutional use of deadly force," shooting Pfister four times while she was on the ground and "posed no immediate threat of serious bodily harm or death to police officers or others."
The allegations, City Attorney Jon Iverson said in an e-mail, "do not reflect the circumstances faced by law enforcement officers in this high-risk incident. We are confident a district judge or jury will reach the same conclusion the grand jury did."
Attorney Ryan Kaess, who represented Juell during the state investigation added that Juell is "the finest cop I've ever represented. There's nothing there."
State statutes justify the use of deadly force by law enforcement authorities to protect the officer or someone else from death or great bodily harm. In December, more than 10 months after the Feb. 7, 2014, shooting, a Hennepin County grand jury declined to indict the officers involved: Juell, Chaska officer Trent Wurtz, state trooper Mark Lund and Carver County Sheriff's Cpl. Nathan Mueller.
"I feel a ton of grief for these families, for these people that made that choice," Juell told state investigators. "But what gets me through it all is I know that they made that choice to do what they did … at any time, they coulda just gave up. They coulda laid down … I had no choice. I have 19 years of training in law enforcement and 16 of those years as a trainer and I know what deadly force is and I [know] what they were tryin' … I thought he was gonna try to kill her and then have us kill him [or] she was gonna up at us and kill us with that knife."