DETROIT (WWJ) – The family of Porter Burks -- the 20-year-old mentally ill man who was fatally shot during a confrontation with Detroit police last month -- is suing the city for $50 million dollars.
Detroit police officers were called to the scene on the city’s west side, near Schaefer and Fenkell, around 5 a.m. on Oct. 2 after Burks’ brother reported he was wandering the neighborhood with a knife after slashing his tires.
After attempting to negotiate with him to drop the weapon, Detroit police officers opened fire as Burks, a diagnosed schizophrenic, ran at them with the knife in his hand. Officials say 38 shots were fired, 19 of which hit Burks. He died on the way to the hospital.
On Tuesday attorney Geoffrey Fieger, representing the family, announced the $50 million wrongful death lawsuit, which also names five unidentified Detroit police officers. The lawsuit claims gross negligence, assault and battery, “wanton and willful misconduct” and a violation of the Americans With Disabilities Act, due to his mental illness.
The 18-page document filed in Wayne County details Burks’ struggles with schizophrenia, including an episode in which he believed there was a squirrel living inside him, according to a report from the Detroit News.
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Fieger said Tuesday police were “fully informed” that Burks had mental health problems and he needed help.
“And the chief doesn’t deny that. But why you resort to a firing squad after holding up your hand is beyond me,” Fieger said.
In the days after the fatal shooting Detroit police released body camera footage that shows officers, including those trained in crisis intervention, negotiating with Burks and acknowledging they wanted to get him mental health help.
After Burks began “sprinting” at officers – according to the department – officers fired their weapons. Fieger doesn’t believe that needed to happen, calling it the definition of excessive force.
“Unless you’re just plain dumb or willing to justify anything police do, that doesn’t look right to me,” he said. “If you just use common sense here – what’s that all about? You knew he was sick, the family had told you, you have experience, you knew it. Why shoot him? Why?”
The Detroit Police Department released the following statement Tuesday addressing the lawsuit:
“The Department reiterates that the shooting of Porter Burks was truly a tragic event. The Department will continue to advocate for greater resources for the mental health community and will take every opportunity to improve its response to people suffering from mental illness. We firmly believe that if appropriate mental health facilities and treatment plans had been available, this situation may have been avoided. Regrettably, the DPD remains the primary emergency response service for individuals suffering from mental health emergencies.
As this matter is now the subject of active litigation, the Department will no longer provide commentary on this still-pending investigation.”
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