PHILADELPHIA (KYW Newsradio) — The attorney for the family of Walter Wallace, Jr. says they had no choice but to sue the two Philadelphia Police officers who killed their son.
The officers shot Wallace in Cobbs Creek as he brandished a knife last October.
"It seems like there have been some bad faith dealings. I'm telling you that straight away," says Shaka Johnson, the attorney for Wallace's family.
Johnson filed a wrongful death lawsuit in state court this week on behalf of Wallace's estate. The suit seeks monetary damages for assault and battery, and for intentional infliction of emotional distress.
The suit names Thomas Munz and Sean Matarazzo, the two Philadelphia police officers who shot and killed Wallace as he wielded a knife last October. The family claims Wallace was in a mental health crisis, but the officers failed to use non-lethal methods to subdue their son.
"Those two officers were untrained and improperly equipped to deal with the crisis that the city faces," says Johnson.
The attorney notes that the Wallace family spoke out to the media within hours of their son's death to help stop the looting and unrest that followed the shooting.
Johnson claims the Wallace family watched city officials apologize for the outcome, with hope that reforms like Tasers, training and mental health related services would be implemented in the department. The family had asked for the two officers involved in the shooting to be fired.
Johnson says they were also working on settling the matter, but none of what the family wanted has happened.
"The Wallace family has been feeling like they have been dealt a bill of goods from the city," he says. "The people who are pulling the purse strings need to do something to bring this family as close to being whole as they can."
The Philadelphia Police Department confirmed that Munz and Matarazzo are both on restricted duty pending the outcome of an internal investigation.
In response to queries from KYW Newsradio regarding the number of officers with Tasers, as well as mental health reforms implemented following the death of Walter Wallace Jr., a PDP spokesman sent the following statement in an email:
"Currently 2,672 officers have been issued Tasers. However, the Tasers are nearing end of life or becoming obsolete and must be replaced. The cost to outfit all patrol officers (4,500) with Tasers would be approximately $14 million over the next five years. We have sufficient funding in place for (fiscal year 2021) for the first year and plan to include a request for additional funding in the (2022-2026 fiscal year) five-year plan. We are issuing Tasers as quickly as possible, with the current budget allocations for this year. We have also decoupled CIT (Crisis Intervention Training) training from Taser training in order to expedite the process of getting Tasers out into the field.
"PPD currently has approximately 3,100 police officers trained in CIT, and CIT officers are assigned throughout the City and on all tours of duty. Philadelphia has made a significant investment in CIT Training and is a national leader for having a large cohort of CIT trained officers in a major City Department. Any increase in the purchase and assignment in Tasers will be met with an increase in CIT training so all officers are trained appropriately.
"Additionally, PPD has implemented a crisis related script for all call takers to read when answering 911 calls. This helps to direct such calls to our existing cadre of CIT officers. However, PPD is adding to the list of available responses by implementing a Co-Responder model, whereby CIT officers will be teamed up with civilian Behavioral Health Clinicians that will be able to respond in the field.
"PPD has added a Behavioral Health Navigator, to help in developing the Co-Responder project identified above and the role of this position will transition to direct contact with callers when it's clear, the 911 call is requesting information or the connection of services. We know that many calls come into 911 from family members that really need advice and instructions on how to engage with the wealth of crisis related services from DBHIDS. These calls actually do not need police officers, so we are looking to make sure these people get access to the services needed in the most efficient manner.
"Much work has been done by the PPD, BDHIDS, and the MDO Office of Criminal Justice to get this project off the ground. This week, we began a two-week training curriculum for officers and the civilian Behavioral Health Clinicians, which is the first step for making this program a reality here in Philadelphia."
The City of Philadelphia is not named in the current lawsuit. The city is immune from lawsuits filed in state courts under court procedural rules. However, Johnson claims that a federal suit is forthcoming.
"We, of course, expect the city to uphold their responsibility to the Wallace family and their police officers and provide their officers with counsel and indemnification for their actions which led to the death of Walter Wallace," says Johnson.
"Make no mistake about this, by failing to provide their officers with the necessary training and less than lethal equipment options, the City of Philadelphia Police Department is responsible for my client's death."
A spokesman for the city of Philadelphia declined to comment, saying they have not yet seen the lawsuit. A spokesman for the Philadelphia Fraternal Order of Police also declined to comment about the case.
