Family of unarmed man shot, killed by OPD officer seeks damages

Published: Oct. 11, 2016 at 11:09 AM CDT
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The family of a man who was shot and killed by an Omaha Police Officer is seeking damages for wrongful death and conscious pain and suffering.

Daniel Elrod was shot and killed in an officer-involved shooting in March 2015. Omaha Police Officer Alvin Lugod resigned from the force despite a grand jury finding no criminal wrongdoing in the incident.

In a court document filed on Monday, Elrod's family filed a lawsuit against the City of Omaha, claiming negligence on the part of OPD and Officer Lugod. The suit claims that they were negligent in Lugod's training and decision-making at the time of the incident.

The family is seeking $2 million in damages for Elrod's wrongful death and conscious pain and suffering, though they are willing to settle for a total of $500,000 in the next 30 days.

At the time of the incident, Omaha Police Chief Todd Schmaderer believed there was no criminal wrongdoing in Officer Lugod's decision to fire his weapon.

Schmaderer said cruiser cam video captured the entire incident. The video showed that Elrod repeatedly reached into his waistband in a threatening manner while saying he had a gun and asked officers to shoot him. When he refused to follow their commands, he was shot as he attempted to climb a nearby fence. Elrod was taken to a hospital where he later died.

An investigation revealed that Elrod was unarmed. An autopsy revealed that Elrod had two wounds in the back and one in the shoulder.