The family of a 12-year-old boy, Joseph Hawatmeh, who was shot and killed by Henderson Police Department officers during a hostage situation, has filed a lawsuit in District Court alleging wrongful death. The incident occurred on Nov. 3, 2020, when a 38-year-old gunman, Jason Bourne, killed Joseph’s mother and paralyzed his sister before taking Joseph hostage in a black Cadillac Escalade.
The lawsuit claims that a hostage standoff was already in progress between Bourne and the police when officers shot and killed both Bourne and Joseph. The family’s attorney, Roger Croteau, expressed the devastating impact of losing a child, a wife, and having a daughter left paralyzed in a single day.
Initially, the family filed a case in federal court, but the judge dismissed the federal law claims while allowing the state law claims to be refiled in state court. The defendants, including the Henderson Police Department, argued that the police did not violate any constitutional rights and that Bourne needed to be stopped immediately.
The events leading up to the shooting took place at an apartment complex in Henderson, where Bourne committed multiple acts of violence before taking Joseph hostage. The lawsuit alleges that the police failed to de-escalate the situation and used excessive force by firing 28 shots into the car without reassessing the scene.
Despite conflicting testimonies from officers involved in the shooting, the Clark County district attorney’s office ruled that none of the officers should face criminal charges. This decision has raised questions about police procedures and the use of lethal force in hostage situations.
The family’s attorney believes that the case should be reviewed in federal court due to the complexity and significance of the events that unfolded. The lawsuit highlights the need for better communication and de-escalation tactics by law enforcement to prevent similar tragedies from occurring in the future.
Overall, the lawsuit filed by the Hawatmeh family sheds light on the challenges faced by families impacted by police shootings and the importance of holding law enforcement accountable for their actions. It serves as a reminder of the devastating consequences that can result from a failure to properly handle high-stress situations.