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12-03-2011, 12:47 PM
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Phoenix Officer Shot Homeowner During 911 Call
Officer Brian Lilly shot Anthony Arambula, 35, six times inside Arambula's Phoenix home near 32nd Street and Thomas Road on Sept. 17, 2008, while Arambula was on a 911 call after cornering an armed intruder in his son's bedroom. According to a lawsuit Arambula later filed, Angel Anastacio Canales, 28, crashed through the front window while officers chased him from a shots-fired call blocks away. The complaint says Canales pointed a 9mm handgun at Arambula and his 2-year-old son, then ran down the hall into the bedroom of Arambula's 12-year-old son, Matthew. Arambula sent his wife, Lesley, and the toddler outside, called Matthew out of a closet and sent him out as well, then retrieved his own handgun and dialed 911. Lesley Arambula told Sgt. Sean Coutts outside the house that her husband was inside holding the intruder at gunpoint, the complaint says. Lilly went in and fired six rounds into Arambula, including two after Arambula was down. Arambula survived with wounds to his back and arm and a nearly severed wrist, and his doctors said he would be in pain for the rest of his life. Canales, who the complaint says was sitting on the bedroom floor, was arrested unhurt. The 911 line was still recording afterward. Asked by Coutts where Arambula's gun had been, Lilly answered, "I don't know. I heard screaming and I fired," according to the complaint, which quotes Coutts telling him, "That's all right. Don't worry about it. I got your back. ... We clear?" The Arambulas alleged the two were moving to cover up the shooting and did not realize the call was still being logged. Hours later, the suit says, Lilly told internal affairs investigators he fired only after Arambula turned a gun toward him in the "ready" position. Arambula said he was facing away from the officers and that they could not have seen his weapon. The Phoenix Use of Force Board cleared Lilly of any policy violation on Sept. 25, 2009. Some officers on the board said the shooting was difficult to avoid given how fluid the scene was, The Arizona Republic reported. Police spokesmen declined to discuss the case, citing a department policy against commenting on pending litigation. Mark Spencer, then president of the Phoenix Law Enforcement Association, disputed parts of the family's account, including the claim that Arambula was shot in the back. Of Arambula's own conduct that night, Spencer told ABC News, "I don't think he did anything wrong." Arambula's attorney, Michael Manning, filed a notice of claim seeking at least $5.75 million, then sued the city, Lilly and Coutts in Maricopa County Superior Court in September 2009. The case moved to federal court as Arambula v. City of Phoenix and was set for a jury trial in December 2011. The parties told the court on Oct. 26, 2011 that they had settled. The terms were not stated in the court file, and the case was closed on Nov. 30, 2011. Canales pleaded guilty in 2009 to discharging a firearm at the house; he had been out of state prison a few months at the time, after serving six years for theft. The recording comes from the emergency line and police radio traffic from that night.
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