You may recall my past coverage of this case. If not, it’s here. The Cliff’s Notes version: Police get warrant to arrest Diotaiuto for selling drugs. They get a no-knock warrant because Diotaiuto has a concealed handgun permit, he is therefore automatically dangerous. Police bust down door. Something happens and we’re not sure because the story changes each time but police say he had a gun. The police put 10 rounds of 9mm into Diotaiuto’s chest, killing him. The police found less than one ounce of marijuana.

The family filed a lawsuit last week:

In addition to the city, the suit names as defendants Detectives Andre Bruna and Sean Visners, the two officers who shot Diotaiuto; Police Chief David Boyett; the SWAT team leader and two other SWAT members who broke down Diotaiuto’s door.

Other details:

About 6:15 a.m., police broke into the home. Neighbors have said the SWAT team didn’t knock or announce its presence before breaking in. The department said the officers did both.

After tossing a diversionary grenade, officers followed Diotaiuto to his bedroom closet, where, police said, he armed himself with a handgun. Bruna and Visners shot Diotaiuto 10 to 13 times in two volleys after he pointed the gun at them, they said, according to the grand jury’s report.

The lawsuit said Diotaiuto fell in the closet after the first volley, and was shot in the top of his head, hand and knee from 3 feet away in the second volley. The lawsuit also said the department for 3 minutes delayed an EMS crew from entering the home and treating Diotaiuto.

“The opportunity in that 3-minute time span provided an opportunity to get together and change some facts around,” Scherer said.

The facts have changed many times since this happened.

Posted in uncategorized on March 19th, 2007 by SayUncle | RSS 2.0 |