A New Mexico man was fatally shot by police at the wrong house. Now, his family is suing

N'dea Yancey-Bragg and Mike Easterling, USA TODAY
·4 min read
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Attorneys for the family of a New Mexico man who was fatally shot by police officers who went to the wrong address filed a wrongful death lawsuit Friday.

When Farmington police officers knocked on Robert Dotson's door on April 5, the 52-year-old answered the door holding a handgun and officers immediately opened fire, according to police and body camera footage of the incident. Dotson's wife, Kimberly Dotson, heard the shots, discovered her husband's body and fired back at the officers, the lawsuit said. The officers returned fire but she was not injured.

The shooting occurred the week before a teenager in Kansas City, Missouri ,and a 20-year-old woman in upstate New York were shot after going to the wrong houses.

The lawsuit, which names the city and the three officers involved in the shooting as defendants, claims the officers used "excessive, unnecessary force" and violated Dotson's civil rights. The city also failed to properly train and monitor the officers in how to properly use force, according to the suit.

"It's the most horrific case I've ever seen," Doug Perrin, an attorney for Dotson's family, told USA TODAY.

Flanked by family members, Kimberly Dotson, wife of the late Robert Dotson, talks about her husband's shooting dead at the hands of three Famington police officers during an April 20 press conference in Farmington, N.M.
Flanked by family members, Kimberly Dotson, wife of the late Robert Dotson, talks about her husband's shooting dead at the hands of three Famington police officers during an April 20 press conference in Farmington, N.M.

What happened during the shooting?

Police were responding to a domestic violence call at 5308 Valley View Avenue when they approached 5305 Valley View Avenue instead, according to New Mexico state police, who are investigating the shooting. Body-camera footage of the incident released in April showed the officers knocking at the wrong address and announcing themselves.

The officers appeared to realize they were at the wrong address and started backing away when Dotson answered the door holding the weapon, the footage shows. The officers then started firing at Dotson.

Moments later Kimberly Dotson began firing at the officers, who then fired back at her. That exchange ended when the officers identified themselves as police. No one was injured during that exchange.

Lawsuit claims officers were 'willful, malicious, and reckless'

The lawsuit claims the Dotsons were upstairs when police began knocking and could not hear the officers announcing themselves. The suit said Dotson, who was shot 12 times, was blinded by police flashlights when he opened the door.

Kimberly Dotson did not know police officers were in her front yard when she started shooting, according to the suit. Police fired 19 shots back at her and later detained and handcuffed Kimberly Dotson and her two children, the lawsuit claims.

"She would not know it was the officers [who killed her husband] until she was finally told eight hours later at the police station where she was detained," the suit said.

The suit alleges the officers deprived Dotson and his family of rights afforded to them by the federal and state constitutions and calls the conduct of the officers "willful, malicious, and reckless." Perrin said the family is seeking compensation, changes in the way the department hires, trains, monitors and retains its officers as well as more awareness of what happened to Dotson. He said Kimberly Dotson sees the fact that the officers are back on patrol as "a slap in the face."

The Dotson family home at 5305 Valley View Ave. in Farmington is pictured on April 6, the day after homeowner Robert Dotson was shot dead in his doorway by Farmington police.
The Dotson family home at 5305 Valley View Ave. in Farmington is pictured on April 6, the day after homeowner Robert Dotson was shot dead in his doorway by Farmington police.

Attorney for officers and the city says shooting was justified

Luis Robles, an attorney for the city and officers Daniel Estrada, Dylan Goodluck and Waylon Wasson, said what makes the case a tragedy is not that the officers arrived at the wrong address, but "the manner in which Mr. Dotson answered the door." Robles said Dotson could have checked his doorbell camera or looked through the window to determine who was outside before opening the door with a weapon.

"He chose to answer the door with a gun raised at the people who were simply knocking at his door," Robles said, adding that the officers were justified in using deadly force to protect themselves against Dotson and his wife.

Robles said although the state attorney general's office is still reviewing the case, the officers have returned to work except for Wasson who is on paternity leave.

The Farmington Police Department, the New Mexico State Police and the state Attorney General's office did not immediately respond to a request for comment from USA TODAY.

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This article originally appeared on USA TODAY: Robert Dotson's family sues New Mexico police after shooting at home