ALBUQUERQUE, N.M. (KRQE) – A wrongful death lawsuit is expected to be filed against the Albuquerque Police Department (APD). The suit comes after a man was shot by police in early 2022 after officers thought he had a gun.

The family of Collin Neztsosie said they are going to file a wrongful death lawsuit against APD and Police Chief Harold Medina.

Neztsosie was shot and killed by APD on March 19. Officers were called to Central and Tramway for reports that Neztsosie was going to shoot someone and then commit suicide. Chief Medina said his department has had previous run-ins with him and that he was in their mental health database.

Officers believed he had a gun, and they ordered him to drop it. However, Neztsosie didn’t have a gun; it was a cell phone. Two officers opened fire after Neztsosie allegedly pointed the phone at them.

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The family said APD and Chief Medina violated Neztsosie’s civil rights, and they are planning to file a lawsuit.