PHOENIX — The family of a Phoenix man killed in an alleged self-defense shooting on the Fourth of July is calling for Phoenix police to hand the investigation over to another agency. They believe it's a conflict of interest for the department to investigate someone for a crime when that person is actively suing them in a separate case.
Paul Franco, 51, was shot and killed in the parking lot of his apartment complex in uptown Phoenix. The woman who shot him is claiming she did so in self-defense after an argument with several pro-Palestinian protestors turned deadly. 12News is not naming the woman asserting a self-defense claim because she has not been charged with a crime.
“Political. That’s what I think," Franco's sister Evelyn Velasco said.
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The woman who is claiming self-defense is one of over a dozen people suing Phoenix police for falsely arresting them during a Black Lives Matter protest in October 2020. That case is ongoing and hasn't gone to trial.
Nearly two weeks removed from Franco being killed, his sisters have concerns this civil case is factoring into their decision to refer charges to the Maricopa County Attorney's Office.
“Maybe the police are afraid because they're already in that lawsuit. It's going to influence how it's going to go. Definitely," Velasco said.
Benjamin Taylor, an Arizona Civil Rights Attorney, says it's not uncommon for law enforcement agencies to investigate people who may be currently suing them, or may do so in the future.
“It's very common for this to occur every day," Taylor said. “We represent a lot of people who have been arrested by the police department, and we're suing them also for civil rights violations."
Nonetheless, Franco's family wants another agency in Arizona, potentially the Maricopa County Sheriff's Office, to be the primary investigating authority analyzing whether the woman claiming self-defense is charged with a crime.
"There's a conflict of interest. Yes, I do. I believe so they should," Margaret Velarde, Franco's sister said.
12News posed this question to Phoenix Police: Can they investigate someone for a crime who is suing them?
Phoenix police issued the following statement:
The Phoenix Police Department is committed to conducting a thorough and impartial investigation into the events of July 4, which may include review from an outside police agency.
Once completed, the investigation will be turned over to the Maricopa County Attorney’s Office for review and charging decisions.
Last week, Phoenix PD said the investigation into Franco's death continues. They are reviewing surveillance video, cell phone videos and are interviewing witnesses to determine if the woman's self-defense claim is valid.
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