DES MOINES, Iowa — The mother of a 16-year-old boy who was shot and killed by Des Moines police last December has filed a civil rights and wrongful death lawsuit against the city of Des Moines, several Des Moines police officers and Chief of Police Dana Wingert.
In the lawsuit, Monica Woods alleges police shot her son T.J. multiple times in the face, head, shoulder and body. While T.J. was armed during the incident, the lawsuit claims he was not pointing the handgun at police when he was shot, but was moving to put the gun to his own head.
"[T.J.] never pointed the gun at any of the Defendants while simultaneously looking at any of them, nor did he have a finger on the trigger of his handgun," the lawsuit reads.
Des Moines police claimed at the time of the shooting that T.J. had raised his gun toward the officers, leading to the shooting. While officers' body cameras were allegedly recording during the incident, Sgt. Paul Parizek previously told Local 5 the video would not be released, as doing so would be in violation of Iowa's juvenile confidentiality laws.
The lawsuit specifically names not only the police chief, but Senior Police Officers Noah Bollinger, Zachary Duitscher and Thomas Garcia.
"The acts of shooting T.J. were a reckless, unjustified and unlawful use of deadly force by the Defendants, which was a violation of his Fourth Amendment constitution rights," the lawsuit reads.
In addition, Woods claims in the lawsuit the city of Des Moines has failed to adequately implement and train officers on de-escalation techniques.
"The systematic failure by the City of Des Moines to adequately train its police officers in de-escalation techniques and its failure to adequately supervise its police officers in de-escalation techniques have contributed to the continued use of unlawful deadly force by the Des Moines Police Department in violation of the constitution rights of its residents, including T.J.," the lawsuit reads.
Woods, along with T.J.'s father Howard Jenkins, are seeking compensatory and punitive damages, in addition to attorney fees.
“The one-year anniversary of my son’s death has been devastating on our family and our anguish is intensified knowing that his death was preventable,” Woods said in a press release. “Our pursuit of justice is not only for my son and our family but for the entire community. I call on the Des Moines Police Department to release all body camera footage without delay in the interest of truth and accountability.”
In January, the Iowa Attorney General's Office said the officers "acted with legal justification" in the shooting, saying "no criminal charges are warranted."
Local 5 has reached out to the city of Des Moines' legal department for comment, but has yet to hear back.