A Pharr man who was shot by police has filed a federal lawsuit against the city alleging officers used excessive force on the man, who said in the litigation that he posed no threat to police.
Attorneys representing Jose Aldaberto Negrete filed the civil rights lawsuit on Aug. 12.
The shooting happened on Aug. 13, 2020 at 25 N. Fir St. at around 3 a.m.
At the time, Pharr police, who never identified Negrete, said police responded to the location when his parents called 9-1-1 to say the 17-year-old was behaving aggressively after he came home and appeared to be intoxicated.
“Officers arrived, the subject exited the apartment with an unknown type rifle,” police said at the time via a statement. Officers gave verbal commands and then fired, striking the subject at least once in the abdomen. Subject was transported to McAllen Medical and appeared to be in stable condition.”
Early investigation revealed the weapon was a BB gun, Pharr police said at the time.
This shooting happened a little more than a month after the fatal shooting of two McAllen police officers on July 11, 2020.
The lawsuit said that Negrete suffers from mental health issues, but also provides a slightly different narrative surrounding the circumstances of the shooting.
“Upon arrival, as the unknown officer approached the front of the residence, several shots were fired into the residence,” the lawsuit stated. “As a result, Plaintiff was shot by Defendant’s police officer(s) causing serious bodily injuries to the Plaintiff.”
The litigation alleges that the unknown Pharr police officers “acted intentionally, wantonly, maliciously, and/or with deliberate indifference to the civil rights of the Plaintiff.”
“At the time Defendant’s police officer(s) intentionally shot Mr. Negrete, he did not pose a significant threat of death or serious physical injury to Defendant’s police officer(s) or anyone else,” the lawsuit stated.
A spokesperson for the city did not respond to emails sent Monday and Tuesday asking whether the city wanted to issue a statement.
