This is an archived article that was published on sltrib.com in 2016, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.
The Roy Police Department responded Friday to a federal civil rights lawsuit filed on behalf of a man who was shot and killed by police in 2014, by saying that the man had stated he intended to "commit suicide by cop" and made statements to the effect of "forcing police to shoot him."
Jose Calzada, 35, was shot 22 times on Oct. 21, 2014, after officers found him in the closed trunk of his car with a pistol in his mouth, according to the lawsuit filed in U.S. District Court by Calzada's wife and mother.
The lawsuit claims Calzada was in "a dazed and drunken stupor" when he allegedly began to reach toward a rifle that was near him, prompting Roy officers and members of the Ogden/Weber Metro SWAT team to open fire.
Roy Psolice Chief Carl Merino said in a written statement released Friday, "Mr. Calzada was given multiple requests and directives to keep his hands where officers could see them and to not touch the gun. As a result of actions by Mr. Calzada with the gun, while in the trunk of the vehicle, Mr. Calzada was shot and died at the scene.
"This very tragic incident has been thoroughly investigated by the Weber County Attorney's Office and the officer involved shooting protocol team and all actions by the officers involved were found to be justified."
The chief's statement notes that he did not address "accusations by Mr. Calzada's wife and mother, who were not at the scene, Roy city and Roy city police have no comment as we have not seen their actual suit as of yet."
The lawsuit and Merino seem to agree that Calzada called the suicide hotline and spoke with a hotline operator, and then a police negotiator for hours, and that police responded to the scene, where they safely evacuated a woman — identified by police as Calzada's live-in girlfriend — and her children from the home.
The girlfriend confirmed that Calzada had firearms inside the home, Merino said.
Both parties also say that police found Calzada in the trunk of his car parked in his attached garage, along with the two guns, before police shot and killed him.
But Calzada's wife, Maria Calzada, and mother, Manuela Rosales, claim in the lawsuit that circumstances did not sanction police entering the man's house without a warrant, and that "had the defendants not violated Jose's rights, Jose would not have died."
Police insist the shooting was a result of his actions.
In addition to naming Roy, the Roy Police Department, Weber County and the Weber County Sheriff's Office, the lawsuit lists 11 SWAT team members as defendants.
Statement from Roy Police Chief Carl Merino
Members of the Roy City Police Department and members of the Ogden/Weber Metro S.W.A.T. team responded to the residence of Jose Calzada, during the morning of 10/21/14 Mr. Calzada had called a suicide help line and stated he was suicidal. Mr. Calzada's live-in girlfriend and her children were in the home when officers arrived at the home. During discussions with those trying to help Mr. Calzada, he told those he was speaking with by phone that he intended to "commit suicide by cop." Officers were eventually able to get the live-in girlfriend and her children out of the residence safely. The girlfriend confirmed Mr. Calzada had firearms inside the house.
During negotiations with Mr. Calzada, on numerous occasions he made statements to police officers to the effect of coming out of the residence and forcing police to shoot him. Eventually Mr. Calzada was found to have secreted himself in the trunk of a vehicle at the residence, with a gun. The vehicle was in the garage of the residence. Mr. Calzada was given multiple requests and directives to keep his hands where officers could see them and to not touch the gun. As a result of actions by Mr. Calzada with the gun, while in the trunk of the vehicle, Mr. Calzada was shot and died at the scene. This very tragic incident has been thoroughly investigated by the Weber County Attorney's Office and the officer Involved shooting protocol team and all actions by the officers involved were found to be justified.
As to the accusations by Mr. Calzada's wife and mother, who were not at the scene, Roy City and Roy City Police have no comment as we have not seen their actual suit as of yet. We will have no further comment.