Officers sued over death

A federal civil lawsuit targeting two Seymour police officers and the city was filed Monday in the Indianapolis division of the U.S. District Court of Southern Indiana.

According to a press release from the office of Indianapolis attorney Michael K. Sutherlin, the two officers, Bart Bevers and Michael Henley, are accused of "willful indifference" to the constitutional rights of Alfredo Perez. Michael K. Sutherlin & Associates is representing the estate of Perez.

Perez, 31, Seymour, was shot and killed early May 28, 2006, as police responded to a report of a man threatening to harm himself.

That call came from the home of Perez's wife, who was living with her parents in the 800 block of North Park Street. Ac-cording to a report from the Jackson County prosecutor's office, Perez was reportedly at the home attempting to talk with his wife, who told police her husband was intoxicated.

"Their use of deadly force was unjustified and the excuses and fabrications provided by the police attempt to exonerate their wrongful conduct," Indianapolis attorney Michael K. Sutherlin said in the press release. Sutherlin is representing the family of Perez's wife, Heather M. Hern.

"They were in the house less than 12 seconds before they shot and killed Mr. Perez, who was unarmed and not threatening any officer on the premises," Sutherlin said.

Police Chief Bill Abbott referred questions to city attorney Rodney Farrow, who  could not be reached for comment.

The firm of Lewis and Kappes of Indianapolis also is representing the Perez estate, and Tom Ruge said Sutherlin has extensive experience dealing with lawsuits involving excessive use of force by police.

"We're a little larger firm with experience in litigation and we expected there to be a lot of litigation in this case," Ruge said.

Police said at the time that Perez had a knife in his hand when they entered the house and that he refused to drop the knife when ordered to do so. Police also said Perez continued to advance toward officers before Bevers fired three shots from his .45-caliber handgun at Perez. Perez died of two wounds to the heart.

Former county prosecutor Stephen Pierson later agreed with the assessment that police acted in an appropriate manner considering the circumstances that led to Perez's death.

Perez was a Mexican citizen who had lived in the United States for about nine years before his death. He had married Hern about three years before his death. The couple had one son.

The complaint against Bevers and Henley asks for unspecified damages.