The apparently never-ending Robert Joseph legal saga just got a little deeper.
Joseph, a former Salt Lake police officer dismissed for using excessive force during a traffic stop last year, then hired back in January, then fired again last month, has filed a federal civil rights lawsuit alleging city leaders, police investigators and prosecutors led a conspiracy to make an example out of him.
"We perceive that the city had an agenda," said Joseph's attorney J. Bruce Reading. "The evidence at the scene was sufficient to show officer Joseph fired in self-defense. But still the police department selected some aspects of the investigation over other aspects and presented that to the county attorney. When your fellow officers select evidence against you, it's disheartening."
Last year, Joseph, a two-year department veteran, was charged with aggravated assault, a second-degree felony, in connection with a March 26 encounter with a fleeing motorist. Joseph fired 11 times at Wesley Scott after a traffic stop at 2300 South and 700 East, where the officer said Scott took off in his car and attempted to run him over.
The lawsuit states that authorities "followed the lines of investigation which supported their theories of the shooting and failed to investigate avenues consistent with Officer Joseph's recitation of events."
Then, after prosecutors "had all the information necessary to dismiss the case," they waited until a similar case of a fellow officer was resolved, causing Joseph additional emotional distress and expense, the lawsuit states.
"There was not one iota of additional evidence the county had from the preliminary hearing (in July) to the time they dismissed the case (in December)," Reading said. "This incident has tarnished (Joseph's) name such that even after we believe he'll be vindicated by the civil trial, it will be practically impossible for him to continue with his profession. It's a tragedy."
The 16-page lawsuit, filed Wednesday in U.S. District Court, specifically names former Mayor Deedee Corradini; Mayor Rocky Anderson; former Police Chief Ruben Ortega; Police Chief A.M. "Mac" Connole; Sgt. Jerry Mendez, chief of the Salt Lake detective division; and 20 John Does.
Among other things, the lawsuit alleges that:
Due to two previous shooting incidents involving Salt Lake police officers in 1999, Corradini told Ortega that "an example needed to be made" of the next shooting incident involving a police officer.
The crime lab was called to the scene of the shooting but for some reason did not gather evidence or take photographs.
Joseph's injuries were neither photographed nor documented at the scene.
Investigators did not properly evaluate the bullet strikes in the vehicle.
"I've never heard any such statement so I don't know what he's talking about," said City Attorney Roger Cutler about Corradini's alleged involvement. He declined to comment further.
John Soltis, director of civil litigation for the Salt Lake County Attorney's Office, also declined to comment.
Reading said Joseph was found fit for duty after the shooting. But due to stress from the prosecution, he was found to be suffering of paranoia during a psychological evaluation after his reinstatement in January, leading to his second dismissal. Joseph is appealing that termination.
Scott has also filed a lawsuit in federal court against Joseph, the city and the police department alleging Joseph was reckless, negligent and used excessive force.
You can reach Hans Camporreales by e-mail at hans@desnews.com