MESA, Ariz. — It started with a neighbor's phone call to Mesa Police.
“My neighbor threatened to blow my brains out," the neighbor told a Mesa PD dispatcher.
The neighbor is referring to 28-year-old Shawn Gagne, whose family recently filed a federal lawsuit against Mesa PD, alleging they used excessive force and violated his civil rights when they gunned him down inside his apartment on July 6, 2023.
Gagne and the neighbor lived at the Glen at Mesa Apartment Complex. When officers arrived on scene at 9:30 p.m. they attempted to get Gagne out of his apartment using a loudspeaker microphone, the use of a crisis negotiator, and multiple rounds of bean bags shot into his apartment.
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The lawsuit says Gagne was "heavily intoxicated after drinking a half-gallon of vodka off and on throughout the day." According to the lawsuit, he was scheduled to enter an alcohol treatment facility the day after the shooting occurred.
Mesa police say Gagne was armed with multiple rifles and was making threats towards the officers during the approximately hour and fifteen-minute timeframe they were attempting to get him to come out of his apartment.
During this time, the lawsuit claims Mesa PD positioned several snipers in areas within view of Gagne's apartment. Ultimately, one of those snipers, identified as Officer Shawn Freeman, fired his rifle at Gagne, striking him the face, the lawsuit alleges.
Body-worn-camera video released by Mesa PD after the shooting shows multiple other officers fired their rifles when Freeman discharged his. The lawsuit claims Gagne "raised both of his hands in the air" and "slowly walked towards the stairway landing" of his apartment after being shot in the face.
As he approached the front door of his apartment, the lawsuit says several officers fired "en masse" at the unarmed Gagne before he dropped to the ground.
The Gagne family attorney, Zachary Mushkatel, issued the following statement to 12News for the purpose of correcting what he calls "misinformation" spread by Mesa PD in a press conference after the shooting:
"Mesa Police reported that Officer Freeman fired at least one shot. The City claims the suspect also fired absent supporting physical evidence or footage supporting this claim. The City of Mesa Police added, 'This became gunfire exchanged between officers on scene and the suspect inside.'
This description by the City is inaccurate. Mr. Gagne was shot by Freeman. After reporting to the negotiator that he’d been hit in the face, the negotiator instructed Mr. Gagne to come to the front door unarmed with his hands up. Mr. Gagne began to walk towards the stairwell leading down to the front door as told to do by the negotiator. Mr. Gagne was unarmed and his hands were in the air above his head.
He walked past a window on the upper landing at which point he was mowed down by relentless gunfire from at least two different directions through at least two windows. Mr. Gagne tumbled down the stairs after being hit repeatedly yelling 'I'm down! I’m down! I’m down! I’m down! I’m down! I’m down!' The negotiator line was still open with the phone on speaker.
The officers again opened fire at an unarmed Mr. Gagne at the bottom of the stairs through the front door opening ensuring Sean’s death while he was unarmed. Shawn can be heard being shot repeatedly and uttering his last sounds.
Contrary to the press conference, prior to 'rendering aid,' gas was shot into the doorway and Mr. Gagne was repeatedly tased. Mr. Gagne was then dragged out in front of the unit and handcuffed while motionless with no pulse and while not breathing.
Mesa SWAT then handcuffed Mr. Gagne despite the fact he was dead. Only then was aid rendered without success."
-- Zachary Mushkatel, attorney for Shawn Gagne's family
In a statement to 12News, Mesa Police said the following about the filing of this lawsuit:
"The Mesa Police Department is aware of this notice of claim. Based on our investigation, there is no available evidence at this time to indicate Mr. Gagne was surrendering, as is alleged in the notice of claim. The evidence indicates Mr. Gagne was an immediate threat to our officers. It is the standard practice of the Mesa Police Department not to comment on pending litigation, so unfortunately, we are not able to provide anything additional. However, once litigation is complete, we look forward to being able to provide the complete story."
-- Lisa Berry, Mesa Police
The lawsuit seeks a finding from a jury holding the City of Mesa liable for money damages caused by Gagne's death. Each of the 30 officers, and five of their chief's and commanders, have 21 days to file an answer document in federal court.
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