ALLENTOWN – A Lancaster mother who witnessed her schizophrenic and bipolar son being shot to death by a local police officer has filed a wrongful death lawsuit against the city, county and police entities involved with his killing.
Miguelina Pena (individually and as Independent Administrator of the Estate of Ricardo Munoz, deceased) filed suit in the U.S. District Court for the Eastern District of Pennsylvania on Feb. 8 versus the City of Lancaster, County of Lancaster, Lancaster Chief of Police Jarrad Berkhiser, Officer Karson Arnold and unknown police officers. All parties are of Lancaster.
“On Sept. 13, 2020, at around 4 p.m., defendant Arnold responded to a call involving Ricardo Munoz, who was experiencing a mental health crisis. Upon arrival to Ricardo’s home, defendant Arnold, with no plan and without waiting for backup, alone approached Ricardo’s home,” the suit states.
“Reacting to defendant Arnold’s presence, Ricardo went from the basement of his home where he had been doing his laundry, to his bedroom upstairs and retrieved a knife that he had kept for self-defense. Ricardo then exited his home, at which time he was immediately shot by defendant Arnold two times. Even after Ricardo had already been shot twice and had been neutralized, defendant Arnold fired his gun into Ricardo two more times. Defendant Arnold killed Ricardo.”
The suit alleges that Ricardo was known by city and county authorities to be suffering from schizophrenia and bipolar disorder, was having a mental health crisis and never directly threatened Arnold – and that the officer failed to first attempt to use less-lethal force in subduing Ricardo, such as a taser or bean bag gun.
“After defendant Arnold shot Ricardo, other police officers arrived at the scene. Upon information and belief, the unknown police officers had no special medical training and yet intervened to prevent Ricardo from getting emergency medical attention by cancelling the ambulance that had previously been dispatched to the scene,” per the suit.
“Video provided by neighbors shows them begging the police officers at the scene to immediately call an ambulance and asking why no medical professionals had been called to assist and to try to preserve Ricardo’s life. The Lancaster coroner pronounced Ricardo’s time of death as 6:35 p.m. Between 4 p.m., when defendant Arnold shot Ricardo and 6:20 p.m., the defendants failed to provide emergency medical services in an attempt to preserve Ricardo’s life.”
Additionally, the suit notes that in the 911 call which led to Arnold appearing at Ricardo’s home, his sister specifically informed the dispatcher that the only assistance required was to “bring Ricardo to the hospital.”
Furthermore, the suit accuses the Lancaster Police Department of failing to conduct internal investigations into or discipline officers who use excessive force and have paid millions of dollars to settle such litigation in the past.
For multiple counts of excessive use of deadly force, Monell municipal liability – policy and practice, unreasonable denial of medical care, negligent hiring, training supervision and monitoring, state law claims of battery, wrongful death and civil rights violations, violations of the Americans with Disabilities Act, state law intentional infliction of emotional distress and unlawful detention, the plaintiff is seeking general damages, special damages, statutory damages, punitive damages, attorney’s fees, additional damages and injunctive relief connected to related actions in the case, plus such other and further relief as the Court deems just and proper.
The plaintiff is represented by Michael R. Perna and Ryan G. Borchik of Perna & Abracht in Kennett Square, and Daisy Ayllon, Julie Ann Murphy and Steven M. Levin of Levin & Perconti, in Chicago, Ill.
Defendant Lancaster County is represented by John P. Gonzales of Marshall Dennehey Warner Coleman & Goggin, in Philadelphia.
U.S. District Court for the Eastern District of Pennsylvania case 5:21-cv-00590
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com