Family sues WVC, Draper, officer who killed Utah man in 2015

The family of a man who was fatally shot by police last year in Draper is suing the involved officers' departments, arguing that a body-cam recording picked up remarks that disprove police explanations for the shooting.

Jeffrey R. Nielson, 34, was shot during a scuffle with police on Jan. 14, 2015, after he was arrested on suspicion of drug possession. As officers tried to change his handcuffs, Nielson ran back to his car. Four officers who were at the scene followed, firing a stun gun at Nielson and scuffling with him as he tried to get into the car, according to a lawsuit filed Wednesday in federal court by Nielson's widow, Christine Nielson.

West Valley City Officer Jason Vincent, who said he fired after seeing a knife in Nielson's hand, was cleared by Salt Lake County prosecutors.

But the U.S. District Court lawsuit says a body cam that had been knocked off one of the officers continued to record sound, including remarks by the officers that they didn't know what threat prompted the shooting.

"With apparent surprise as to shots being fired, one officer asked in the immediate aftermath, 'Did he have a gun?' " the lawsuit states. "... Another officer claims to have not even seen the knife."

The lawsuit also alleges that Vincent's own comments contradict his later explanation, claiming that Vincent can be heard saying, "He has a knife, look, that's what he was going after" — indicating that the officers hadn't seen a knife in Nielson's hand when he was shot. Nielson mentions in the footage that he has a knife in the glove box of his vehicle.

The lawsuit identifies as defendants Vincent, West Valley City and Draper City, as well as the three other officers who were at the scene.

It claims officers also mishandled evidence in the car and points to prior allegations of evidence mishandling that led to the temporary disbanding of West Valley City's Neighborhood Narcotics Unit and scores of dismissed drug cases.

The lawsuit claims West Valley City's police department is home to an "abusive, unconstitutional culture" and that Draper and West Valley City are "training their officers to be legal enforcers who fear their constituency, and who 'shoot first, and ask questions later.' "

Calls for comment to the two police departments were not returned on Thursday.

In April 2015, the Salt Lake County District Attorney's Office ruled the shooting justified.

According to the DA's report, Vincent was on his way to work when he saw Nielson slumped over the steering wheel of an SUV in Draper and stopped to investigate. During a discussion, Nielson told Vincent he had a knife in the glove box, the report says.

The officer said he saw Nielson had drug paraphernalia in his hand, believed he might be impaired and called the Draper Police Department for help.

A Draper officer and a sergeant came to assist. A West Valley City police sergeant also happened upon the scene on her way home from work.

After Draper police dog alerted on Nielson's vehicle, a search was conducted and what appeared to be crack cocaine was found, the report says.

Nielson was arrested and handcuffed by the Draper sergeant, the report says. After Vincent said he would transport Nielson to jail and the Draper officer said he would handle the vehicle impound, they decided to switch handcuffs.

The report says that as the first pair of handcuffs was being removed, Nielson — who had been cooperative up until then — ran to his SUV, got into it and put it in drive. The four officers wrestled Nielson partially out of the SUV and the fight continued in the driver's seat area and just outside the driver's door.

The West Valley City sergeant said she tried to use her Taser, but its prongs couldn't penetrate Nielsen's clothing.

Vincent said he saw a knife in Nielson's hand and that it looked like he was making stabbing movements at the officers.

Vincent fired his weapon five times and all five shots hit Nielson, who was later pronounced dead at the scene, according to the report.

The report notes that the fight took place "in very close quarters" and the officers tried to use less-lethal force to get Nielson under control.

"But after Mr. Nielson made stabbing motions with his knife, it was reasonable for Officer Vincent to believe that Mr. Nielson was attempting to or would kill or cause serious bodily injury to the officers," the report says. "It was therefore reasonable for Officer Vincent to believe that deadly force was necessary to prevent the officers' death or serious bodily injury as a result of Mr. Nielson's imminent use of unlawful force against them."

ealberty@sltrib.com

Twitter: @erinalberty