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Pursuit Suspect's Family Sues NYPD

June 28, 2012  | 

Photo: Paul Clinton
Photo: Paul Clinton

The family of a fugitive who was shot and killed by New York Police Department officers after a three-mile pursuit through the Bronx has accused the department of causing his wrongful death.

In the lawsuit, the family of Orlando Santos accuses the department of using "excessive and unreasonable force" to apprehend him on March 26, 2011.

Officers fired 19 bullets at the unarmed 28-year-old who fled after officers attempted to pull over his Ford Expedition. During the chase, Santos tried to knock other cars out of the way and attempted to run over officers who were trying to apprehend him on foot, reports the New York Post.

Comments (26)

Displaying 1 - 26 of 26

BW @ 6/28/2012 7:41 PM

Who wrote this synopsis? He wasn't unarmed; he was trying to run down officers with an SUV.

Leonard Mather @ 6/28/2012 8:24 PM

It will be thrown out of court due to ample evidence of the Perp's malevolence and attempt to rund down LEOs. Then his parents will claim collusion, or bribery or cover-up or whatever illogic they can concoct. The lawyers they hire will get retainers. The Judge will have to suffer the fools and the Police will face yet another double approach-avoidance conflict of textbook quality. Blame is the game; personal responsibility is passe.

David @ 6/28/2012 8:26 PM

How does an "unarmed" man attempt to kill people? He was armed with a VERY deadly weapon, a motor vehicle. It appears ALL media is biased against Law Enforcement. Even media that claims to support us.

JimVG @ 6/28/2012 8:52 PM

Let's do the math. 9mm = @350 foot pound energy (more or less)

SUV at 60mph = @2,000,000 foot pounds energy (more or less)

Now again, who was unarmed?

Billy @ 6/28/2012 9:53 PM

Fuck this "suspect" and his family. You attempt to kill a cop, you die. PERIOD.

Rob @ 6/29/2012 1:33 AM

Wonder if they shot him while he was driving. That would violate written NYPD procedures and leave them open to civil action.

J @ 6/29/2012 4:21 AM

In Texas deadly force can be used to apprehend a fugitive. Not sure in NY. So if he was running away, he could be shot.

Bob @ 6/29/2012 6:59 AM

Lawyers - can't live with them, can't shoot them (at least not as a matter of routine). It always amazes me that parents cannot/will not properly raise their children to be upstanding citizens, yet they are quick to lay blame on someone else, usually LEOs, for the inevitable results of that poor/lack of parenting. Hence the new entitlement - crime without repercussions.

Really? @ 6/29/2012 7:10 AM

It is sad no matter how you look at it. If any one was hurt or killed as a result of this mad man, would it be right for THOSE families to SUE the family of the reprobate that caused it? I would think not. It should be investigated, and when it is proven that Orlando Santos was totally in the wrong, his family just needs to forgive and move on. Why drag down good people when trying to defend a rotten family member. His family should not benefit from HIS misdeeds which caused his OWN death.

Robocop @ 6/29/2012 7:15 AM

Exactly. A SUV IS a deadly weapon and he was using it as such. Only through the Grace of God and the Officers training were there no other fatalities! ALL this suspect had to do was submit to a legal arrest and nobody would have been injuried. We really should have a loser pays system to avoid these stupid lawsuits.

Dean @ 6/29/2012 7:18 AM

Every law enforcement officer knows a colleague who has been killed by a vehicle. What a ridiculous law suit.

JB @ 6/29/2012 9:04 AM

I guess our system has to allow lawsuits no matter what the merit, but I am sure there is a way to seperate the frivolous lawsuits from the ones that have some kind of legal merit. When that is the case and if this falls into that category it should be the practice of the employing agency of the police department to initiate a counter law suit on behalf of the officers for filing a frivolous lawsuit.

Mike @ 6/29/2012 10:12 AM

Perhaps the time has come when Officers need to start sueing the susepcts and if the suspect is dead, sue the families for failing to raise them properly. Then these ridiculous law suits will stop.

[email protected] @ 6/29/2012 10:21 AM

Answer: Counter sue. Every Officer and every civilian that was put in danger by Santos wild & dangerous attempt to flee should file against the family and the bottom-feeding lawyers that looked to make money off the deal. I'll bet this wasn't the first offense by this pos & his familia.

Tom Ret @ 6/29/2012 1:28 PM

If you get killed while in the commission of a felony it should be chocked up as tough luck. NYPD in this case should be able to counter sue. I have no
sympathy for the suspect or his low life family that is trying to make a buck off his lawlessness.

Rob @ 6/30/2012 9:45 AM

NYPD policy is very specific. Officers cannot shoot at a moving vehicle unless deadly force is being used or is about to be used by a means other than the vehicle. An unarmed suspect in a moving vehicle cannot be shot at unless extraordinary circumstances can be articulated. That is NOT New York State law - it's NYPD policy.

Bruce @ 6/30/2012 5:36 PM

Unarmed? I'd take my chances getting shot over getting run over by an SUV anytime. The guy was trying to run over an officer. That is deadly force. When you encounter deadly force, you return deadly force. Job well done.

Rob @ 6/30/2012 9:54 PM

Bruce, you're missing the point. The officers were not allowed to shoot at that vehicle, if that's even what happened - the story doesn't say. This is drilled into the heads of recruits during two weeks of firearms training and during twice yearly firearms qualifications. Regardless of filing of criminal charges, the officers can be brought up on departmental charges and be disciplined for firing at a moving vehicle. I'm not supporting that policy, I am just explaining how it is in the NYPD.

tefj @ 7/1/2012 11:29 PM

Police take another drug dealer off the streets and they get sued? What is next Bin Ladens family is going to sue the military?

Trigger @ 7/2/2012 4:48 AM

I have a crease across my back from a 60mph vehicle that would not stop, definitley not an "OopsI did not know that I tried to run over a cop". The ambulance chasing attorneys and the bleeding heart liberals just love this stuff, poor kid did not know what he was doing...*$5&)#@

Greg @ 7/2/2012 4:54 AM

Only 19 bullets, they've improved their shooting in NYC. Took em' 41 shots to get Amadou Diallo.

TBOW426 @ 7/2/2012 9:56 AM

Some of the comments on this site are scary "if" they are said by real cops. J says deadly force can be used to apprehend a fugitive and police can shoot them even if they are running away in Texas. We know that is BS and has been for 25 plus years!!! Gardner v. Tn.

C.T. Carlson @ 7/2/2012 10:36 AM

It is unfortunate that the NYPD can't counter-sue the parents for the cost of the time, damage and bullets due to negligent parenting.

J.R.WALKER @ 7/2/2012 2:11 PM


T-boy @ 7/5/2012 6:46 AM

I would bet they were on T.V. right after the incident crying my baby was a good boy he never did anything wrong! While if the media checked his record the POS has a sheet several pages long.

Valerie @ 7/6/2012 9:29 AM

I didn't read all of the comments, but the one that stated that if the suspect was driving, the police violated NYPD policy does that mean if he tries to run them over, it's ok?

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