The family of 19-year-old Emmanuel Perez Becerra, who was fatally shot by a Sunnyvale Department of Public Safety officer last year, has filed a federal civil rights lawsuit against the city. On March 24, 2024, Perez Becerra, who was experiencing a mental health crisis, called 911 and was later shot after walking toward an officer while holding a knife. The incident, which took place in the Plaza Del Rey mobile home park, sparked an investigation by the Santa Clara County District Attorney's Office. The results of that investigation determined that the officer's use of lethal force was lawful, with DA Rob Baker's report suggesting that the decedent may have committed "suicide by cop."
However, in a move seen by many as a quest for justice, the Becerra family's lawsuit alleges wrongful death, excessive force, negligence, and battery. The DA report concluded that Officer Kevin Lemos had no choice but to use lethal force when Perez Becerra advanced quickly toward him with a 12-inch kitchen knife, refusing orders to drop the weapon. By contrast, the family's attorneys argue that the officers on the scene failed to de-escalate the situation and did not use available non-lethal options. "The officer had a Taser. He had pepper spray. He had a baton," said attorney Adanté Pointer in a prepared statement obtained by CBS News Bay Area.
Dashboard camera video released by the department revealed that officers followed Perez Becerra and gave him multiple commands to drop the knife before shots were fired. The autopsy report also included that Perez Becerra was diagnosed with depression and schizophrenia in March of 2023, highlighting his mental health struggles before the fatal encounter. The CBS News Bay Area report cited attorney Michael Slater's statement: "Instead of receiving the help he was literally calling out for, Emmanuel was met with lethal violence by those from whom he was asking for help and protection."
The city and Sunnyvale Department of Safety have not yet received notification of the lawsuit, according to the latest updates.
