Boise residents file claims after North End police shootout damaged homes, vehicles

Levi Dorcheus hasn’t been able to drive their car for months. The 44-year-old’s 1999 Jeep Cherokee was struck with several bullets over the summer — including one that went through the engine — leaving their car inoperable.

Dorcheus is one of at least four residents who filed claims with the city of Boise seeking financial compensation after their homes and vehicles were damaged during a police shooting in the North End. The claims, most of which were obtained by the Idaho Statesman through a records request, totaled up to $23,000. None of them have received any money.

Officers from the Boise Police Department shot and killed Macey Juker in July at the intersection of 19th and Washington streets. The 28-year-old was firing a rifle in the neighborhood and shot at police after they attempted to stop him, according to a news release from the department. Six officers fired at least a dozen rounds at Juker.

North End residents Keith Cox and John Boettcher told the Statesman they’ve repaired the damages to their property. But Dorcheus, a hairstylist and special education teacher, has been unable to replace their vehicle.

“I just don’t have the resources to buy a new vehicle … and that puts me at the mercy of the city,” they said. Dorcheus’ friends created a GoFundMe page to help them with purchasing a new vehicle. A little over $3,000 of the fundraiser’s $10,000 goal has been raised so far.

It’s unclear whether the Boise Police Department will be on the hook for the damages to Dorcheus’ vehicle or the other residents’ property. Spokesperson Haley Williams told the Statesman by email that the city’s Risk and Safety Team reviews all claims for possible damage by employees in accordance with Idaho law, and whether someone is reimbursed depends on the incident.

Under Idaho law, a government agency is liable for financial damages if the employees’ actions were “negligent” or “wrongful.”

Boise-based civil rights attorney Craig Durham also said by phone that if police had a “lawful basis” for their actions, the courts typically side with police and won’t compensate someone for any damages that occurred. But if police were reckless or malicious, then they could have to pay.

If the city denies the residents’ claims, Durham said the next step would be filing a tort claim and then a lawsuit. But depending on the value of the property it might not be worth the cost of a lawsuit, he said.

“The courts will typically give them some leeway,” Durham told the Statesman. “They realized there’s going to be some kind of collateral damage if they’re doing something that they have a lawful right to do.”

Dorcheus said since the shooting, they’ve had to rely on friends and an electric scooter to get around town. With colder weather approaching, Dorcheus said they don’t know how they plan get around. Dorcheus is seeking somewhere between $8,000 and $10,000 in damages to replace their vehicle, according to a claim filed by Dorcheus and obtained by the Statesman through a records request.

Dorcheus criticized the Boise Police Department for the way the agency handled the shooting. Dorcheus said it has been challenging to get ahold of anyone at the department in the days and weeks after the shooting.

Dorcheus said they’ve suffered from PTSD and other mental health issues since the shooting and their sense of safety was shaken. They added they would appreciate the department following up with them following the shooting and providing people involved in the shooting with community resources.

“I’ve been told to sit and wait, and that there are a lot of other people waiting,” Dorcheus said. “It could have been worse. My neighbors’ houses were shot into, and I’m grateful that it was only my vehicle that was damaged. But it really left me in such a terrible situation.”

‘Nobody got hurt’: Claims total up to $23K

The six Boise police officers who fired at Juker were Jason Pietrzak, Kirk Rush, Ryan Pollard, Chase Fiddler, Dominic Rogers and Craig Sousa. It’s still unclear which of the officers’ struck him. Garden City police are investigating the shooting as part of the Ada County Critical Incident Task Force.

Both Boettcher and Cox are hoping they’ll get reimbursed, but Cox said he and his wife were able to pay roughly $4,000 out of their own pockets.

According to Cox and the claim he filed with the city, which he provided to the Statesman, five bullets struck his home and two struck his pickup truck. All the bullets that struck Cox’s property were from police, he said.

None of the bullets that struck his house went through the walls, though at least two rounds went through the windows, Cox said. He added that they were “completely safe” in the back of the house, even if the bullets would have gone through the walls.

Cox, who called the authorities when he spotted Juker walking down the street with a firearm, said he was grateful to the 911 operator who called him back to inform him there was no longer a threat.

“Nobody got hurt,” Cox said. “It could have been so much worse.”

Boettcher, in an interview and in his claim, said a bullet went through his grandson’s bedroom and exited through a glass panel, but that his grandson wasn’t in his room and instead sleeping with his mom. He said he believed the bullet came from an officer’s gun.

“We all survived emotionally,” Boettcher said. He’s asking for $1,500.

A Meridian resident, Mark Gregory, also filed a claim asking for roughly $7,500 after the left side of his vehicle was struck with four bullets during the shooting, according to the claim filed with the city, and obtained by the Statesman. In the claim, he said he was driving when he heard gunfire and police yelling, and he then got out of his car and “took cover.”