Lawsuit Filed Against Charlotte, Officer Over 2017 Shooting Death

Aug 19, 2018

The widow of a man fatally shot by a Charlotte-Mecklenburg officer has filed a lawsuit against the city of Charlotte, accusing the officer involved of negligence in the death.

The family of Josue Javier Diaz filed a lawsuit Friday against the city and the officer involved.

Josue Javier Diaz, 28, died in January 2017 after he was shot by a Charlotte-Mecklenburg police officer. The officer said his unmarked vehicle was sideswiped by a truck driven by Diaz, so he followed and they eventually got out of their vehicles. The officer has said that Diaz raised a handgun, and witnesses said that Diaz fired.

Several months later, prosecutors said that the officer acted lawfully and that his use of force was justified.

The family's attorney said the officer should have handled the situation differently. According to the suit, the officer was "negligent or grossly negligent" in that he "aggressively and recklessly pursued and rear-ended" Diaz's vehicle in violation of "numerous" Charlotte-Mecklenburg Police Department "guidelines, regulations and rules and N.C. vehicle laws."

City officials declined to comment on the suit.