Attorney for family of Jay Anderson, shot & killed by Wauwatosa police officer, files “notice of injury”

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WAUWATOSA -- From errors in protocol -- to the capabilities of a Wauwatosa police officer: More questions are being raised after the officer-involved shooting death of Jay Anderson. The attorney for the family of 25-year-old Anderson, who was shot and killed inside Madison Park in Wauwatosa by a Wauwatosa police officer on June 23rd has filed a "notice of injury" against the city of Wauwatosa.

Jonathan Safran

Jonathan Safran

Jonathan Safran filed the notice Monday afternoon, October 31st.

According to Safran, the notice of injury provides additional information and facts regarding the case, based upon review of the video and documents seen by the family.

A "notice of injury" is the first step towards a lawsuit. Safran said this notice of injury provides formal notice to the city of Wauwatosa "of a potential future claim for damages resulting from this incident."

Jay Anderson

Jay Anderson

"It's really rough," Jay Anderson's father, Jay Anderson Sr. said of the more than four months since his son's death.

In a statement announcing this notice of injury being filed, Safran said "it is time for the dash camera video to be released" in this case -- "in order for the public to see for themselves what it shows during the seconds prior, at the time, and after the shooting death of Jay Anderson on June 23rd -- now more than four months ago."

documents"I seen the video numerous times, and I felt like what I seen -- he did not deserve to get killed," Star Delarosa, Jay Anderson's fiancee, and the mother of his child said.

The notice of injury makes reference to another shooting death eleven months before the death of Anderson. A 29-year-old man was killed after Wauwatosa police say he confronted them with a sword. The officer who shot and killed Anderson was also involved in this shooting death, which happened on July 16th, 2015. The notice of injury states that the officer "sustained emotional injuries" as a result of the July 2015 shooting death, which resulted in his filing of disability benefits with the city of Wauwatosa -- which was ultimately denied.

Jay Anderson shot and killed by Wauwatosa police officer

Anderson was shot and killed around 3:00 a.m. on June 23rd in Wauwatosa's Madison Park.

Police have said the officer was responding to a suspicious vehicle when he fired at Anderson, believing Anderson was reaching for a gun.

The notice of injury states that Anderson was sleeping in his vehicle -- "not bothering anyone, not doing anything wrong, and there were no complaints regarding his behavior or evidence that he was doing anything illegal, or had committed any crimes."

The officer was not equipped with a body camera, however, a 20-second video from the dash camera in the officer's squad car shows the seconds prior to the shooting, according to the notice of injury. The notice of injury states that Anderson "had his hands in the air," and the officer "had his gun drawn and pointed at Anderson." The notice of injury says the officer has claimed that Anderson "lunged for the handgun that was in his vehicle," and "refused to keep his hands in the air" while the officer waited for backup to arrive.

Jay Anderson

Jay Anderson

The notice of injury states that "there is no evidence that Anderson lunged for, touched, raised or pointed any alleged handgun that may have been in his vehicle." It states that at least twice in the dash camera video, Anderson appears to fall asleep or pass out, and his hands and head went down.

"The video does show Mr. Anderson had his hands in the air. Looking at it, it appears there`s at least two times that his hands are above his head and come down. It looks as though he is passing out or falling asleep," Safran said.

Wauwatosa Police DepartmentThe second time that happened, the officer opened fire -- and Anderson was struck at least six times, according to the notice of injury.

The notice of injury states that after the shooting, the alleged handgun was removed from Anderson's vehicle -- but no photographs or other evidence was collected to reflect where that handgun was in his vehicle.

The notice of injury accuses the city of Wauwatosa of "failing to adequately train, supervise and control its police officers, failing to adequately provide for and assist the officer (who shot Anderson) in obtaining necessary psychological treatment following his involvement in the July 2015 shooting, and failing to make sure he was emotionally equipped and ready to return to and continue to perform police duties."

"In the video, what I saw was he was not capable of being a police officer. He didn't do nothing right that night. His protocol was very wrong," Delarosa said.

"There's been information out there that hasn`t been verified as to how he was handling that -- if he had to get medical or psychiatric care -- whether he applied for disability and it was rejected," Safran said.

The document also accuses the city and Wauwatosa Police Department of being negligent in preserving the crime scene.

"There was an allegation there was a gun in the vehicle somewhere on the passenger side -- maybe the passenger seat. Unfortunately the Wauwatosa Police Department after the shooting removed the handgun. They never photographed it," Safran said.

Justice for Jay Anderson

Family members and friends of Jay Anderson on October 23rd gathered in Madison Park to mark the four-month anniversary of Anderson's death. The family is calling for transparency, and they want that dash camera video released.

This case is in the hands of the Milwaukee County District Attorney's Office for a charging decision.

11 comments

  • Always Outspoken

    This is another case where the refusal to release the available video footage fosters the belief that the authorities want to prevent the public from seeing the truth. That doesn’t help the public’s opinion of LEOs, which is already a controversial topic.

    RELEASE THE VIDEO and stop the conjecture.

    • Str8shooter

      I agree that the public will question the right thing was done until they get to see the video so LE needs to do a better job of educating the public why the video should not be shown to the public just as it isn’t if you or I were the one charges were being reviewed against. The officers have the same rights that the rest of us get. If the DA determines someone else needs to be interviewed/re-interviewed or a new witness comes forward but the video has been shown then that statement won’t be found credible and the investigation will be tainted. The family should be thanking LE for allowing them to see it but still keeping it a credible investigation.

      • Always Outspoken

        I understand and agree with your points – but the DA has had the results of the investigation for going on 4 months now. The family is in limbo and they deserve a decision in this matter within a reasonable period of time. I believe that time has come. Furthermore, this case is being tried in the public’s eye, and until the video is released it remains open.

        Regardless of what their loved one might have done, the family is innocent, and I can empathize with the their anxiety over having to continue to wait to find out if their loved one will be vindicated or vilified – as well as whether the officer who shot him will be prosecuted or exonerated for his actions.

  • Can't release until investigation is 100% complete... Your lawyer should know that...

    “First step in a lawsuit”.. no kidding.. we all know this has been about the money all along.
    As for the video.. no matter what it cannot be released until the investigation is complete.
    Crying, demanding it, having protests for it, won’t make it go any faster. The process is the process. Yes, we all understand that you are in a hurry to sue and get some tax payer money..
    And the fact that you keep saying he did nothing wrong is still false.. he was still in a park, way after close in a neighborhood that continually has problems with drugs being sold in that park after close. So yes.. the officer had EVERY RIGHT to approach that vehicle. And.. being it now says he was standing outside his car and falling asleep… I would love for a toxicology report on him to be released so we can see what he was on that he apparently couldn’t stay awake while standing up.

  • Opinion8d

    So you actually believe he was ‘falling asleep or passing out’?? The video is 20 seconds – and within that time, his hands went down ‘at LEAST TWICE’ -that’s 2 times. If a cop is yelling at you to keep your hands up and you don’t listen, (along with having a gun), that’s going to get you shot! It’s called non-compliance! I don’t care if you have ADD, if you can’t keep your hands up for 20 seconds, you deserve what you get. And for the record, the Police just killed the ‘white guy’ in Oklahoma and nobody blinked an eye!!

  • grunt

    Yes, we saw it from the friends and family of Seville Smith, and we are seeing it from the friends and family of Jay Anderson as well.

Comments are closed.