Mother of Ricardo Muñoz files wrongful death lawsuit against police, city county

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    Lancaster, Pennsylvania (WPMT ) — The mother of Ricardo Muñoz, a Lancaster County man who was shot and killed by police after running at an officer with a knife, has filed a wrongful death lawsuit and named the Lancaster City Police Department, the city, and Lancaster County as defendants.

Former Police Chief, Jarrad Berkihiser, who announced his retirement last year following the shooting, was also specifically named as a defendant in the suit.

On Sept. 13, 2020, Muñoz, 27, was shot and killed by a police officer responding to a reported domestic disturbance call at a home on the 300 block of Laurel Street in Lancaster.

The officer’s body cam footage showed that when the officer got in front of a home near the scene, Munoz immediately emerged from inside and ran toward the officer, brandishing a knife above his head, in clear view, in a threatening manner.

The officer then fired four shots, all striking Munoz, who died at the scene.

The lawsuit states that Muñoz’s family had been directed to call 911 despite first calling crisis intervention and that the police department failed to act in a manner that would’ve ensured Muñoz’s well-being.

The suit contends that the officer who arrived on scene failed to follow proper procedures and techniques intended to safely respond to the incident without the use of lethal force. It states that the despite Muñoz chasing the officer with a knife, the officer made no attempts to use his taser.

The lawsuit also argues that the officer had neutralized Muñoz with the first two shots, but the officer proceeded to fire two more shots into Muñoz.

In this incident, Lancaster County District Attorney Heather Adams determined that the officer was clearly justified in firing four shots at Muñoz, as Muñoz chased him with a large knife – clearly presenting a threat to the officer’s life.

Adams said that the firing officer acted to preserve his own safety and the safety of others. Body camera footage from the firing officer was a key piece of evidence in this investigation.

That footage shows:
There was no interaction between Muñoz and the officer. The officer simply responded to the 911 dispatch, arrived, and approached the door.
The officer had no time to speak with Muñoz, as he immediately charged the officer with a knife.
Between four and five seconds elapsed from the time Munoz emerged from a doorway, chasing the officer, to when the officer fired shots.
Muñoz was within approximately 4 to 7 feet of the officer – while continuing to charge at him – when the officer fired.

“The responding officer was immediately confronted with a threat at 306 Laurel Street on the afternoon of September 13,” Adams said. “The officer had no time or opportunity to do anything but run for his life and only resorted to lethal force when he confirmed an imminent threat to his life remained. The officer’s belief that lethal force was necessary to defend himself was reasonable and therefore, the use of force was justified under the law.”

You can watch the full press conference given by Adams on Oct. 14, 2020 below:

Injuries from the gunshot wounds killed Muñoz immediately, according to the forensic pathologist who performed Muñoz’s autopsy.

At the scene, police recovered a large fixed-blade, hunting-style knife next to Muñoz’s body, which he used in his charge at the officer.

His sister told FOX43 that Muñoz’s mother called the Lancaster Bureau of Police and Crisis Intervention on the day of the incident, hoping that Muñoz could receive help. They claimed they did not call 911.

You can hear the 911 call below:

Lancaster Mayor Danene Sorace called the shooting “a heartbreaking day for our city” and said the incident highlights the need for more mental and behavioral health programs across the state.

“We called for help. We didn’t call for bullets,” said Rulennis Muñoz, Ricardo’s sister, after the DA’s announcement last year. “This incident has really hurt us emotionally and mentally.”

Last year, the Muñoz family insisted they wanted medical help and for Munoz to be taken to the hospital.

“Nosotros estamos muy devastato,” said Miguelina Muñoz, Ricardo’s mother.

Translating for her mother, Rulennis Muñoz said, “That the cop that shot my brother didn’t kill my brother; he also killed her as well.”

Attorneys for the family say they are dismayed with the decision by the DA but not because of the ultimate outcome.

“The investigation doesn’t seem to be as thorough as it could’ve been. For example, Rulennis’ sister who was an eye witness who spoke immediately before and after the shooting wasn’t even interviewed,” said Michael Perna, who is representing the family. “They [the DA’s office] also told us today they didn’t look into at all whether the officer in question followed best practices with regard to responding to a person well known to them as mentally disturbed.”

FOX43 has reached out to both Lancaster County and the City of Lancaster for comment on the lawsuit.

The Lancaster City Police Department said they cannot comment on any pending litigation.

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