ROSEVILLE (WWJ) - Family members of a Roseville man who was shot multiple times and killed by police last year have filed a whopping $10 million federal lawsuit claiming the officer in the incident violated his constitutional rights.
The lawsuit was filed by by the Moss & Colella firm on Tuesday in U.S. District Court on behalf of Frank Robles' wife. Robles, 57, was fatally by Roseville police officer, identified as Chad Lee, on on April 26, 2022.
Through her lawyers, Robles' wife said the reason behind the suit -- which was obtained by The Detroit News -- was to "establish recognition that the shooting … was unjust and contrary to clearly established law, to secure compensation for these wrongful acts, and to help end the violence perpetrated by the City of Roseville against the people of this state."
According to the Roseville Police Department, the events leading up to the shooting that Tuesday started when a silver Chevy Silverado crossed over the centerline on Groesbeck Highway, between 12 Mile and Martin Roads, and smashed head-on with a semi truck.
Witnesses to the crash tried to assist the driver of the Chevy pick-up truck — who was later identified as Robles — but as they approached, they saw he was bleeding from cuts to his wrists and was holding a knife, which was later identified by police as 4-inch fish fileting blade
Witnesses backed away and immediately called police to report the incident.
When officers, including Lee, arrived on-scene, they found Robles had exited his vehicle and was standing in the middle of the road between 12 Mile and Martin with the knife.
Officers asked him if he was ok, and he told them no.
Authorities said Robles refused to comply with repeated demands to drop the knife and started walking toward a police officer as they attempted to retreat.
It is here that the lawsuit alleges police failed to make certain Robles could understand their instructions. According to lawyers, Robles was "in a state of disorientation, confusion and under the traumatic stress of the event, in possession of a pocket fishing knife" after the crash.
The lawsuit goes on to say that body camera footage from officers "demonstrates plaintiff Robles (having moments earlier extricated himself from his vehicle following a significant head-on collision) in a visible state of confusion, unable to fully comprehend the officer's instructions."
The lawsuit says "Lee drew his firearm and ordered plaintiff to 'drop the (explicative) knife," then immediately open fired, which knocked Robles to the ground.
The Macomb County Sheriff's Office said Robles attempted to get back on his feet with the knife still in his hands and the officer fired several more shots, which prevented him from advancing any further.
Body cam footage shows police fired nine shots total with five fired after Robles hit the ground.
The autopsy report -- obtained from the Wayne County Medical Examiner's Officer through a Freedom of Information Act request by the Detroit Free Press -- ruled Robles' death a homicide. with him being struck in the right cheek and head. The report revealed he also had five cuts on his wrists, but none of those caused any vascular injuries.
The lawsuit claims Lee specifically violated Robles' Fourth Amendment rights since the officer owed him "a duty to act prudently, with reasonable care, and otherwise to avoid unreasonable and excessive force."
Lee is also accused of assault and battery as well as gross negligence in the lawsuit. As outlined in court documents, the Roseville police officer discharged his firearm "multiple times when he knew or should have known that he was not in imminent or immediate harm and that Robles did not pose a physical threat to his safety or that of other officers or civilians."
The lawsuit further slams the city, claiming it has "a policy, practice and/or custom of training its police officers to use excessive and/or deadly force in lieu of less lethal force contrary to constitutional limits of the use of deadly force. Defendant city of Roseville failed to train and supervise its officers in the use of approved use of force procedures when required, including the use of less lethal force in encounters with persons who are injured, in distress or suffering from a mental health crisis."
In the weeks following the shooting, the Macomb County Sheriff Anthony Wickersham
"There's a lot of things I could say up here as an armchair quarterback, but let's just be honest; we have the luxury of reviewing this whole thing from our office," Wickersham said of the situation while revealing body cam footage at a press conference held on April 27, 2022. "It's a whole different environment being out there and being confronted and having to make these types of decisions in a split second."
"This is a tragic event for those officers that were involved," the sheriff continued. "A tragic event for Mr. Robles' family, a tragic event for the truck driver and witnesses that were in the area during this incident."
When asked if the outcome could've been different, Wickersham said it wasn't for him to comment on what officers should or should not have done.
"You've seen what transpired…" he said. "A lot of other bad things could've happened if actions weren't taken."
Lee had no charges brought against him once the Macomb County Sheriff's Office completed their investigation. At the time, officials said "a consistent opinion was reached that no criminal charges are warranted …"
Authorities said Robles was a Roseville school custodian and he was driving to work with the incident unfolding.
The district superintendent described Robles as a hard worker and a good employee.
According to his online obituary, Robles was a resident of Roseville for over four decades and worked as a contractor in Kuwait and Afghanistan from 2008 to 2012.
Family members described Robles as "fiercely loyal and loved by his family and friends." He was a big Green Bay Packers fan and enjoyed fishing. He frequently shared his time and money with others because "he felt that other people needed it more," his obituary read.
