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cola262 · Oct 3rd, 2009, 03:43 AM

http://www.courthousenews.com/2009/0...r_Shooting.htm

Family Says 911 Tape Caught Cops Planning Cover-Up After Shooting

By JAMIE ROSS
ShareThis

PHOENIX (CN) - A homeowner says a Phoenix police officer shot him six times in the back during a 911 home-invasion call, and the 911 tape recorded the officer's partner saying, "That's all right. Don't worry about it. I got your back. ... We clear?" The family says the officers were not aware that the 911 call was still recording as they spoke about covering up the shooting.
In their complaint in Maricopa County Court, Anthony and Lesley Arambula say an armed intruder "crashed through the front window" of their home on Sept. 17, 2008 and ran into one of their son's bedrooms.
Anthony, worried about his son who was still in his bedroom, says he "held the intruder calmly at gunpoint" and called 911.
Phoenix Police officers already in the neighborhood heard the crash of the Arambulas' window. When they approached the house, Lesley says, she told Sgt. Sean Coutts that her husband was inside holding the intruder at gunpoint. Lesley says Coutts failed to pass on that information to the two other officers.
Inside the house, the Arambulas say, Officer Brian Lilly shot Anthony six times in the back while he was still on the phone with the 911 operator - twice when he was on the ground.
The officers ran into the bedroom after Anthony told them, "You just killed ... you just killed the homeowner. The bad guy is in there."
The complaint states that Officer Lilly "admitted that it was only after Tony was laying, bullet-ridden, on the ground that he assessed the situation. The 911 tape continued to record what happened even after Officer Lilly unloaded his weapon into Tony, including Officer Lilly's post-shooting, one-word 'assessment': 'Fuck.'
"Tony believed he was going to die; the 911 tape records his plaintive goodbye to his family: '... I love you ... I love you.' Then Tony made what he believed was a dying request to the officers; he did not want his young family to see him shot and bloodied. Officers callously ignored his request and painfully dragged Tony by his injured leg, through the home and out to his backyard patio, where they left him bloodied and shot right in front of Lesley, Matthew and Zachary."
The Arambulas say the officers later dragged Anthony onto gravel, then put him on top of the hot hood of a squad car, and "drove the squad car down the street with Tony lying on top, writing in pain."
According to the complaint, Lilly can be heard on the 911 tape telling Coutts, "We fucked up."
Lilly says on the tape that he did not know where Anthony's gun was when he shot him and that he "opened fire because he heard loud noises and saw someone who looked like he might be the 'Hispanic' male they were pursuing" before getting to the Arambulas' house, according to the complaint.
The complaint states: "Sgt. Coutts knew that officers has just shot up and likely killed an innocent homeowner and the husband of Lesley, with whom he had spoken before entering the home, instead of the armed intruder. Sgt. Coutts was quick to commence the cover-up of their terrible mistake. Sgt. Coutts asked Office Lilly where Tony's gun was at the time Officer Lilly had opened fire on Tony. Officer Lilly admitted that he did not know where Tony's gun was: 'I don't know. I heard screaming and I fired.'"
Lilly later told a police internal affairs investigator that Anthony had pointed his gun in his direction, "in the 'ready' position," the complaint states. But Anthony Arambula says he was facing away from the officers, who could not have even seen his gun.
The complaint continues: "Still not knowing that he is being recorded n the 911 tape, Sgt. Coutts interrupted Officer Lilly's admission and apology with his assurance that the cover-up would commence: 'That's all right. Don't worry about it. I got your back. ... We clear?'"
After the shooting, the Arambulas say, the Phoenix Police Department treated them "like suspects in a drug bust," denying Lesley, Michael and Zachary information about Anthony's condition and denying friends and family members access to him at the hospital.
Anthony Arambula survived, but continues to suffer pain, which he expects will last for the rest of his life.
The City of Phoenix and Officer Dzenan Ahmetovic also are named as defendants.
The Arambulas seek punitive damages for gross negligence, civil rights violations, failure to supervise, excessive force, deliberate indifference to medical needs, false arrest, and emotional distress. They are represented by Michael Manning with son Morrison Hecker.

cola262 · Oct 3rd, 2009, 03:51 AM

I just found an update. The cops were cleared:

http://www.azcentral.com/community/p...mbula0925.html

Officer cleared by Phoenix police board in homeowner shooting

by Michael Ferraresi - Sept. 26, 2009 12:00 AM
The Arizona Republic

A Phoenix police officer who mistakenly shot an armed homeowner during a search for an intruder was cleared of wrongdoing this week by a committee that reviews such shootings.

The ruling by the Phoenix Use of Force Board determined Officer Brian Lilly acted within police policy in the incident, in which he fired six shots at the homeowner amid the confusion of a home invasion last September.

The shooting hospitalized homeowner Tony Arambula, who earlier this year sought a $5.75 million settlement in the case.

Lilly and Phoenix Sgt. Sean Coutts were named in a lawsuit filed last week in Maricopa County Superior Court.

Arambula, 36, was armed and holding a suspect at bay when he suffered gunshot wounds to his back and arm, according to the complaint.

Arambula claimed Lilly shot him twice as he lay bleeding on the floor of his living room, his wife and two young sons nearby.

The suspect, Angel Anastacio Canales, had broken into Arambula's home near 32nd Street and Thomas Road as officers tracked him from a "shots-fired" call in the area.

Arambula had the gunman cornered in his 12-year-old son's room when the officer opened fire.

"This is the type of thing that so severely demeans the credibility of these (police) review boards," said Michael Manning, the attorney representing Arambula.

"Physically, it would have been impossible for (Lilly) to see Tony's face or the gun," he said. "They admit on the 911 call that they didn't warn him."

Officer Jerry Gannon, Lilly's representative from the Phoenix Law Enforcement Association, said it took less than one minute from when officers entered the home searching for a Hispanic male suspect to the when Lilly reacted to seeing Arambula holding a gun.

Gannon and other members of the organization's board said the shooting was difficult to avoid, considering the fluidity of the emergency scene.

"If Brian would have known there was a homeowner in there, he probably would have hesitated," Gannon said, "but if he had hesitated, and it was the (suspect), the outcome could have been tragic."

Phoenix Public Safety Manager Jack Harris will review the Use of Force Board's ruling and make an official determination on Lilly's shooting.

xostephie · Oct 3rd, 2009, 05:33 AM

that is so beyond screwed up. I cannot believe they cleared them! "I've got your Back?" Yeah, glad I don't live in Phoenix right now.

yeliab · Oct 3rd, 2009, 05:43 AM

OMG... Sofa King Screwed up!!! There are so many things wrong with this... This is deplorable. I'm actually speechless...

omgsweet · Oct 3rd, 2009, 11:41 AM

Wow. This makes me afraid to call 911.

MarneeB · Oct 3rd, 2009, 03:20 PM

Wow. It's bad enough that the innocent guy gets shot, but the cops are cleared?!

blah956 · Oct 3rd, 2009, 05:11 PM

that is effed up

Liberté · Oct 3rd, 2009, 05:59 PM

Need to loosen up on the trigger. What a tragic story. These things must not happen.

meela188 · Oct 4th, 2009, 09:55 PM

WTF, why were they cleared? I hope Anthony sues the hell out of them, 5 million is not enough

LushBoutique · Oct 4th, 2009, 11:00 PM

The cop shot him NOT once, but SIX times??? and gets cleared? This is so wrong and messed up on ALL levels! now the poor guy has to live with the horrible pain as a reminder of this nightmare.

KarraAnn · Oct 4th, 2009, 11:42 PM

Originally Posted by meela188

WTF, why were they cleared? I hope Anthony sues the hell out of them, 5 million is not enough

How much is enough? It wouldn't change what happened..just sayin'..I'm not the 'sue happy' type.

Jahpson · Oct 5th, 2009, 12:12 PM

Phoenix has GOT to do better

Cami725 · Oct 5th, 2009, 12:21 PM

This is so messed up! How could they cleared them?!! Poor man.

ilovepinkhearts · Oct 5th, 2009, 12:22 PM

i can't believe that he got off...it's just not fathomable...how can he get off for shooting him 4 times while standing and 2 more times when he is on the floor?? how can he lie and be caught doing it? "i couldn't see his gun"...."he pointed his gun at me"...how can they treat him as badly as they did...dragging him through the house by his injured leg and then dragging him through gravel and then putting him on the hot hood of a car! what was the point of all that?? WTF didn't they call an ambulance?? this is just one other reason why i can't stand the police...they disgust me for the most part!

natalie78 · Oct 5th, 2009, 01:42 PM

Originally Posted by ilovepinkhearts

this is just one other reason why i can't stand the police...they disgust me for the most part!

Are you referring to all police, or just these guys?

With the evidence I have seen in the media, I cannot understand why they were completely cleared. There has to be something else there...it makes review boards look really bad. I'm not a fan of most review boards anyway; they are usually just too political.

Oct 3rd, 2009, 03:43 AM	#1
cola262 OP Member Joined: Oct 2006 Posts: 3,865	cops shoot 911 caller (not intruder) and then cover it up ... recorded on 911 call http://www.courthousenews.com/2009/0...r_Shooting.htm Family Says 911 Tape Caught Cops Planning Cover-Up After Shooting By JAMIE ROSS ShareThis PHOENIX (CN) - A homeowner says a Phoenix police officer shot him six times in the back during a 911 home-invasion call, and the 911 tape recorded the officer's partner saying, "That's all right. Don't worry about it. I got your back. ... We clear?" The family says the officers were not aware that the 911 call was still recording as they spoke about covering up the shooting. In their complaint in Maricopa County Court, Anthony and Lesley Arambula say an armed intruder "crashed through the front window" of their home on Sept. 17, 2008 and ran into one of their son's bedrooms. Anthony, worried about his son who was still in his bedroom, says he "held the intruder calmly at gunpoint" and called 911. Phoenix Police officers already in the neighborhood heard the crash of the Arambulas' window. When they approached the house, Lesley says, she told Sgt. Sean Coutts that her husband was inside holding the intruder at gunpoint. Lesley says Coutts failed to pass on that information to the two other officers. Inside the house, the Arambulas say, Officer Brian Lilly shot Anthony six times in the back while he was still on the phone with the 911 operator - twice when he was on the ground. The officers ran into the bedroom after Anthony told them, "You just killed ... you just killed the homeowner. The bad guy is in there." The complaint states that Officer Lilly "admitted that it was only after Tony was laying, bullet-ridden, on the ground that he assessed the situation. The 911 tape continued to record what happened even after Officer Lilly unloaded his weapon into Tony, including Officer Lilly's post-shooting, one-word 'assessment': 'Fuck.' "Tony believed he was going to die; the 911 tape records his plaintive goodbye to his family: '... I love you ... I love you.' Then Tony made what he believed was a dying request to the officers; he did not want his young family to see him shot and bloodied. Officers callously ignored his request and painfully dragged Tony by his injured leg, through the home and out to his backyard patio, where they left him bloodied and shot right in front of Lesley, Matthew and Zachary." The Arambulas say the officers later dragged Anthony onto gravel, then put him on top of the hot hood of a squad car, and "drove the squad car down the street with Tony lying on top, writing in pain." According to the complaint, Lilly can be heard on the 911 tape telling Coutts, "We fucked up." Lilly says on the tape that he did not know where Anthony's gun was when he shot him and that he "opened fire because he heard loud noises and saw someone who looked like he might be the 'Hispanic' male they were pursuing" before getting to the Arambulas' house, according to the complaint. The complaint states: "Sgt. Coutts knew that officers has just shot up and likely killed an innocent homeowner and the husband of Lesley, with whom he had spoken before entering the home, instead of the armed intruder. Sgt. Coutts was quick to commence the cover-up of their terrible mistake. Sgt. Coutts asked Office Lilly where Tony's gun was at the time Officer Lilly had opened fire on Tony. Officer Lilly admitted that he did not know where Tony's gun was: 'I don't know. I heard screaming and I fired.'" Lilly later told a police internal affairs investigator that Anthony had pointed his gun in his direction, "in the 'ready' position," the complaint states. But Anthony Arambula says he was facing away from the officers, who could not have even seen his gun. The complaint continues: "Still not knowing that he is being recorded n the 911 tape, Sgt. Coutts interrupted Officer Lilly's admission and apology with his assurance that the cover-up would commence: 'That's all right. Don't worry about it. I got your back. ... We clear?'" After the shooting, the Arambulas say, the Phoenix Police Department treated them "like suspects in a drug bust," denying Lesley, Michael and Zachary information about Anthony's condition and denying friends and family members access to him at the hospital. Anthony Arambula survived, but continues to suffer pain, which he expects will last for the rest of his life. The City of Phoenix and Officer Dzenan Ahmetovic also are named as defendants. The Arambulas seek punitive damages for gross negligence, civil rights violations, failure to supervise, excessive force, deliberate indifference to medical needs, false arrest, and emotional distress. They are represented by Michael Manning with son Morrison Hecker.
cola262 OP Member Joined: Oct 2006 Posts: 3,865

Oct 3rd, 2009, 03:51 AM	#2
cola262 OP Member Joined: Oct 2006 Posts: 3,865	I just found an update. The cops were cleared: http://www.azcentral.com/community/p...mbula0925.html Officer cleared by Phoenix police board in homeowner shooting by Michael Ferraresi - Sept. 26, 2009 12:00 AM The Arizona Republic A Phoenix police officer who mistakenly shot an armed homeowner during a search for an intruder was cleared of wrongdoing this week by a committee that reviews such shootings. The ruling by the Phoenix Use of Force Board determined Officer Brian Lilly acted within police policy in the incident, in which he fired six shots at the homeowner amid the confusion of a home invasion last September. The shooting hospitalized homeowner Tony Arambula, who earlier this year sought a $5.75 million settlement in the case. Lilly and Phoenix Sgt. Sean Coutts were named in a lawsuit filed last week in Maricopa County Superior Court. Arambula, 36, was armed and holding a suspect at bay when he suffered gunshot wounds to his back and arm, according to the complaint. Arambula claimed Lilly shot him twice as he lay bleeding on the floor of his living room, his wife and two young sons nearby. The suspect, Angel Anastacio Canales, had broken into Arambula's home near 32nd Street and Thomas Road as officers tracked him from a "shots-fired" call in the area. Arambula had the gunman cornered in his 12-year-old son's room when the officer opened fire. "This is the type of thing that so severely demeans the credibility of these (police) review boards," said Michael Manning, the attorney representing Arambula. "Physically, it would have been impossible for (Lilly) to see Tony's face or the gun," he said. "They admit on the 911 call that they didn't warn him." Officer Jerry Gannon, Lilly's representative from the Phoenix Law Enforcement Association, said it took less than one minute from when officers entered the home searching for a Hispanic male suspect to the when Lilly reacted to seeing Arambula holding a gun. Gannon and other members of the organization's board said the shooting was difficult to avoid, considering the fluidity of the emergency scene. "If Brian would have known there was a homeowner in there, he probably would have hesitated," Gannon said, "but if he had hesitated, and it was the (suspect), the outcome could have been tragic." Phoenix Public Safety Manager Jack Harris will review the Use of Force Board's ruling and make an official determination on Lilly's shooting.
cola262 OP Member Joined: Oct 2006 Posts: 3,865

Oct 3rd, 2009, 05:33 AM	#3
xostephie Member Joined: Jan 2009 Posts: 292	that is so beyond screwed up. I cannot believe they cleared them! "I've got your Back?" Yeah, glad I don't live in Phoenix right now.
xostephie Member Joined: Jan 2009 Posts: 292

Oct 3rd, 2009, 05:43 AM	#4
yeliab Luxury = Purses Joined: Jul 2009 Posts: 2,025	OMG... Sofa King Screwed up!!! There are so many things wrong with this... This is deplorable. I'm actually speechless...
yeliab Luxury = Purses Joined: Jul 2009 Posts: 2,025

Oct 3rd, 2009, 11:41 AM	#5
omgsweet omg...cute bag!! Joined: Apr 2007 Location: Scottsdale, Az Posts: 2,963	Wow. This makes me afraid to call 911.
	__________________ How to invest for 2009 and Beyond Protect Yourself Against Institutional Traders

Oct 3rd, 2009, 03:20 PM	#6
MarneeB Taking it all in. Joined: Mar 2009 Location: Missouri Posts: 847	Wow. It's bad enough that the innocent guy gets shot, but the cops are cleared?!
	__________________ Please help stop puppy mills by not buying your next pet from any pet store!

Oct 3rd, 2009, 05:11 PM	#7
blah956 been down hearted Joined: Aug 2009 Location: DFW Posts: 737	that is effed up

Oct 3rd, 2009, 05:59 PM	#8
Liberté Member Joined: Jan 2007 Location: with the sprout Posts: 7,762	Need to loosen up on the trigger. What a tragic story. These things must not happen.
	__________________ MY PARISIAN BLOG

Oct 4th, 2009, 09:55 PM	#9
meela188 Member Joined: Jul 2006 Posts: 1,707	WTF, why were they cleared? I hope Anthony sues the hell out of them, 5 million is not enough
meela188 Member Joined: Jul 2006 Posts: 1,707

Oct 4th, 2009, 11:00 PM	#10
LushBoutique Live Glamourously Joined: Jan 2009 Posts: 309	The cop shot him NOT once, but SIX times??? and gets cleared? This is so wrong and messed up on ALL levels! now the poor guy has to live with the horrible pain as a reminder of this nightmare.

Oct 5th, 2009, 12:12 PM	#12
Jahpson Member Joined: Aug 2007 Location: The Playground Posts: 22,325	Phoenix has GOT to do better
	__________________ Michael Joseph Jackson 1958-2009

Oct 5th, 2009, 12:21 PM	#13
Cami725 Member Joined: Jul 2008 Posts: 76	This is so messed up! How could they cleared them?!! Poor man.
Cami725 Member Joined: Jul 2008 Posts: 76

Oct 5th, 2009, 12:22 PM	#14
ilovepinkhearts team edward. always. Joined: Dec 2007 Location: Texas Posts: 4,390	i can't believe that he got off...it's just not fathomable...how can he get off for shooting him 4 times while standing and 2 more times when he is on the floor?? how can he lie and be caught doing it? "i couldn't see his gun"...."he pointed his gun at me"...how can they treat him as badly as they did...dragging him through the house by his injured leg and then dragging him through gravel and then putting him on the hot hood of a car! what was the point of all that?? WTF didn't they call an ambulance?? this is just one other reason why i can't stand the police...they disgust me for the most part!
	__________________ Please educate yourself about pancreatic cancer, and then share that knowledge with a loved one. http://www.pancan.org i will lose the weight...1 lb at a time!! i CAN do it! i'm not sure how many lbs to go - skinny jeans here i come!!

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