The Arizona Republic

By Laurie Merrill

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The police officer who fatally shot an unarmed Scottsdale grandfathe­r on Feb. 14 was investigat­ed in a seven-step review process each of the five other times he killed a person in the line of duty, a sergeant said last week.

The shootings, which have all taken place since 2002, were found to be within policy, said Sgt. Mark Clark, a department spokesman. Each time, Officer James Peters’ actions were scrutinize­d by seven different bodies, including the Maricopa County Attorney’s Office, Clark said.

“We talk to every witness available,” Clark said. “We talk to all the officers. They canvass the neighborho­od. They knock on every door.”

Clark was responding to a federal lawsuit filed Monday by the American Civil Liberties Union of Arizona and a Chicago law firm regarding the Feb. 14 fatal shooting of John Loxas, 50, who was holding his 7-month-old grandson when Peters fired a single, fatal shot to Loxas’ forehead.

The lawsuit, filed on behalf of Loxas’ daughter and father, claims the city and Police Chief Alan Rodbell failed to adequately investigat­e previous shootings, which led to Loxas’ death. Had Peters, 37, been thoroughly investigat­ed after his previous shootings, he would not have been on duty and able to fire at Loxas, the suit contends.

“Our lawsuit alleges that the department had no business trusting him with a gun after he had killed so many other residents,” said John Loevy of Loevy & Loevy, a Chicago firm.

The day Loxas died, neighbors had called police, reporting he had waved a gun at them. Peters was one of six officers who responded to the call in the 7700 block of East Garfield Street.

Loxas held his grandson in his arms and turned from police to go back inside his home when Peters fired, according to reports. Police said it appeared Loxas had something in his hand, but it was later determined he was not armed. A loaded gun was found inside the house.

The case, the ACLU contends, is “eerily” similar to a 2008 incident in which two Scottsdale officers fired at another man, David Hulstedt, who was holding an infant, leaving Hulstedt paralyzed.

Clark said Rodbell is one step in the seven-step use-of-force review process. The Violent Crimes Unit, Internal Affairs, the Maricopa County Attorney’s Office, city of Scottsdale attorneys, Risk Management and the Deadly Force Review Board, which includes a civilian, are part of each investigat­ion.

Clark said the department’s procedures meet federal standards, as the department has been nationally accredited for the past 15 years.

The city is in the second step of the investigat­ion into Peters’ use of deadly force against Loxas, Clark said.

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