Richard Chrisman Shooting: Mother of Victim Files $30 Million Notice of Claim Against City of Phoenix

chrisman.jpg
Richard Chrisman is accused in the 2010 murder of Daniel Rodriguez.
The mother of a Phoenix man senselessly shot by Phoenix police Officer Richard Chrisman last year has filed a $30 million notice of claim against the officer, the city of Phoenix, and the Phoenix Police Department for the wrongful death of her son.

Daniel Rodriguez -- and his dog -- were fatally shot by Chrisman when he and another officer responded to a domestic violence call at the victim's home. The call was placed by Rodriguez's mother, Elvira Fernandez, who according to the notice of claim, called police after she and her son got into an argument about a vehicle and he threw something into a wall.

"Every day, every hour, every minute and every second, since October 5, 2010, I regretted ever making that 9-1-1 call," Fernandez says.

Click here for all the details of the shooting.

According to the notice of claim, prior to police showing up, Fernandez told a 9-1-1 operator no guns were in the house, but that didn't stop Chrisman from allegedly entering the house without permission and holding a gun to Rodriguez's head so hard that it left bruising visible during an autopsy --and that was before fatally shooting the unarmed man.

Fernandez, the notice of claim states, "sustained deprivation of her son's society, love, companionship, and comfort, and she has suffered from sorrow, grief, mental anguish, depression, nervousness, and will continue to do so in the future."

Fernandez claims the sound of the shots that killed her son, and the images of his dead body on the floor of her home -- next to a dead dog -- "remains fresh in her head."

The claim states the mental anguish Fernandez now suffers is the direct result of Chrisman "intentionally, recklessly, wantonly, and with gross negligence, and reckless disregard of [her] and Daniel Rodriguz's rights."

Fernandez charges that the city is also to blame for not adequately supervising or training Chrisman, which led to his reckless abuse of power.

The notice also gets into some of Chrisman's other misdeeds while a member of the Phoenix Police Department, including his involvement in a time theft scam (which you can read about here) and another incident where he planted a crack pipe on a mentally ill woman (check out the video of that incident here).

As for putting a price on the death of her son, the notice states "undoubtedly, if Ms. Elvira Fernandez is required to choose between accepting $100 million or having Daniel Frank Rodriguez alive, there is no doubt that she would choose to have Daniel alive today."

The claim also cites a 1997 wrongful death lawsuit filed against the city for the death of Edward Mallet, whose family was awarded $45 million after he was killed by a police officer -- who wasn't even on the Brady List, as Chrisman was at the time of the shooting -- who put him in a neck hold as he was allegedly resisting arrest.

"I called the police to come and calm down my son," Fernandez says, "I never expected them to come and kill my son...I hope no other mother, father, brothers, sisters, uncles, aunts, grandparents, friends or anyone else will veer have to go through this senseless loss of life and emotional pain."

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28 comments
rick
rick

i hope this mofo cop & his family burns in hell 

Robataction
Robataction

Maybe a better parent would have raised a child whom she didn't have to call the police on. I notice there is no mention of the toxicology report any where in this article.

Mr. WHITE
Mr. WHITE

Given to the extremely out of control and "reckless" behavior of that traitor--Chrisman. I'm willing to assume the crazy-ass idiot was on METH, at the time of he decided unleash a fury bloodbath. My only question is:

Why wasn't there any toxilogy/drug tests done on disgraced EX-officer Chrisman????

His own behavior and weird bipolar-style moods are very much consistent to someone fucked-up on drugs. The guy may have been stressed, and decide to ingest some illegal substances, in order to perform his duties. He could be on METH as well, for all we know.

Connor
Connor

"As for putting a price on the death of her son, the notice states "undoubtedly, if Ms. Elvira Fernandez is required to choose between accepting $100 million or having Daniel Frank Rodriguez alive, there is no doubt that she would choose to have Daniel alive today.""

Hey if that's how she feels, dig the little a**hole back up and give him back to her, the city can keep the money. He was brain dead to began with.

Jack Meyhoffer
Jack Meyhoffer

Fuck. Let's be realistic, she will get PAID. Look at that drunk chick from NY who offed herself while in custody, the PPD did nothing wrong there, and they STILL settled for $500,000 rather then pay millions in legal fees. In this case, we'd mostly agree it was not a good shoot, and the city will be coughing it up once again. For those that are excited about her payday, keep in mind that Phoenix is self-insured, and the money that their family will get is money that could be used for our parks, recreation for kids, and upkeep of our streets, etc. This is lose lose, and I know that this lady lost her kid, etc. etc. but money isn't going to bring him back.

maxonepercent
maxonepercent

Big shock, she wants money. Can't say I am surprised, I am sure the moment she learned that her son had been shot by the cops she probably saw dollar signs.

Fortunately her case is dead-in-the-water. Look at Virgillio's own testimony about what transpired that day. The suspect was uncooperative with the police after his mother called 911 to report that he was threatening her. He refused to leave the trailer when requested to do so. He was then pepper-sprayed, per official police guidelines. After he was pepper-sprayed he then still wouldn't comply with the officer's orders so he was tasered, per official police guidelines. After that he "scuffled" (exact words from the report) with Officer Crisman and was subsequently shot. To top it all off her son was high on meth continuously for several days before the incident.

Officer Chrisman followed the rules, her son was drag-crazed maniac who was unfazed by taser and pepper spray and who continued to fight with the police and he got shot. Good riddance. The courts should through her case out like the frivolous trash it is.

XSoldier
XSoldier

I wonder if Mrs. Fernandez also names Officer Virgillo in the notice of claim?

I hope she is awarded every dime of what she is asking. I also hope that she finds some sort of justice and comfort.....

JWM: I agree that Spencer should be booted. Too bad he isn't as clueless as the Flaccid Fool of MCSO.....

Jjohnson_354
Jjohnson_354

I don't think she called 911 because of "her son's society, love, companionship, and comfort..."

Parris Boyd
Parris Boyd

I hope she's awarded every dime of it, but $30 million isn't nearly enough, and Chrisman should be in jail as he plans his defense. Police misconduct is business as usual, and its too bad we have such a cop-coddling society, complete with repulsive groups like the Phoenix Law Enforcement Association. No amount of money can compensate for what happened to Daniel Rodriguez.

Johnny White Man
Johnny White Man

That trigger-happy rogue cop, should not have been in a LE uniform to begin with. He was only using his badge and uniform to commit further KKKriminal acts. Therefore, he was a "wolf in sheep's clothing".

PLEA's Mark Spencer should be demoted and dethroned for defending that cold-blooded murderous KKKriminal.

WorldIsScrewedUp
WorldIsScrewedUp

no doubt it will be settled out of court and momma will get paid. not necessarily because crisman is guilty but because the city and the pd lawyers are too cowardly to actually go to court for a trial. easier to pay up and blame crisman and the pd instead of going to trial. hell, the f-d up pub safety mgr/chief already prematurely threw chrisman under the bus - so how can city lawyers notwtry to defend crismans actions. biggest beneficiary - mommas lawyer.

Pit Boss
Pit Boss

Perhaps your kid will get hooked on drugs, act irrationally and get shot by a trigger-happy POS cop with a Napoleon Complex. Maybe the little "man" will even shoot your dog. Then, you'll be able to determine how much your kid will be worth to you. My guess is you'll go for the money.

rick the prick
rick the prick

You're right, it won't bring back her son, but shit, it sure would soften the blow. Total: 300 million and counting for the state of Az, payout, legal fees and court hearing. By the time Arizona recovers, it will be too late. Admit it, if you were in her shoes, most of you would do the same. A hefty paycheck from a state that is sinking,,,hell yeah

You are one twisted asshole
You are one twisted asshole

MRS. FERNANDEZ'S CASE IS A WINNER.

The only thing that's dead in the water is your total lack of perspicacity, compassion, and any semblence of thoughtful reasoning or an understanding of the planet upon which you take up space.

If every cop reacted to a D.V. call the same way Officer Chrisman did, the population of Phoenix would drop considerably. There is a reason why domestic violence calls are a priority dispatch, and why the word "violence" is used instead disturbance.

Any rational thinking human being ( a part of the population you apparently don't belong to ) knows that the person in their life most capable of inciting anger and a potentially violent response is the person they are the closest to. Police, of course,understand this to be factual, and so in any homicide that is of questionable intent, police will first consider a spouse or family member

The 9-1-1 call from Mrs. Fernandez is an expected response to such a situation; I rather doubt she expected or secretly desired the outcome that Chrisman found to be reasonable. A cop busting into a private home in a stress situation, using terms like "motherfucker" is asinine police work that anyone would find inflammatory and dangerous. A better approach might have been to say, "Hey, man, your mom called us out here to check in on way you're acting like this. She seems like a nice lady, why don't try to get this calmed down, OK ?And shooting a house pet that is doing nothing more than barking is the action of a deranged cop. If you agree with him, I sguess you're a little deranged as well.Steve Tracy

Pit Boss
Pit Boss

Was holding a gun to his head and telling him "I don't need a fucking search warrant" before forcing his way into the house part of Chrisman following the rules?

You copsuckers crack me up. Yes, I'm sure the first thing she thought of when his body hit the floor was "I wonder how much money I can get from this." Use your head. Also, you left a whole hell of a lot out of your description of Virgillio's testimony. But I'm sure you'll choose to just ignore that part.

Waterdogs
Waterdogs

No, she called 911 because her criminal son who had multiple previous run ins with the police was high on methamphetamine (see the toxicology report) and was threatening her. So much so that both officers (not just Chrisman but Virgillio too) had to deploy TASERS on him. And the lead testimony against Chrisman is coming from a cop who's own wife tipped off drug dealers that the police narcotics unit (the same unit her husband Virgillio worked at) was monitoring their telephone lines...nice.

Whether Chrisman did or did not commit murder we may never know but you will never get 12 people on a jury to all say "guilty."

As far as the law suit...of course the city will pay out huge sum s of cash. Thats the City of Phoenix's M.O. (cop talk...:) ) - just look at Jack Harris's double dipping salary where MSNBC said he was the number 1 abuser in the entire country public funds.

Now he's at the airport doing what...watching Southwest Airline flights take off wishing he was in San Diego.....but still making the same muala????

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