ALBUQUERQUE, N.M. (KRQE) – Albuquerque police tried to arrest a wanted suspect when it turned into a SWAT situation with the Albuquerque Police Department and the Bernalillo County Sheriff’s Office. After tear gas canisters were fired into the house, it caught on fire, killing a teenager. Now, the Albuquerque family who owned the home is suing.
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“The family essentially lost everything,” said Maria Martinez Sanchez, legal director of the ACLU.
It’s been two years, but the wreckage remains at a home near Zuni and Wyoming. They say the destruction of their home and the death of 15-year-old Brett Rosenau could have been avoided. “The reason we’re bringing this lawsuit is to hold these law enforcement agencies accountable as well as to bring some sort of closure to the extent you can for this family,” said Sanchez
The ACLU said the actions of these agencies resulted in the family receiving no compensation. They pay for the mortgage on a home they can’t live in and have been homeless for the past two years. They are now living out of their car.
“In addition to knowing that a young boy died in their home, their home was completely destroyed, their family pet was killed, and all of their belongings were burnt. They’ve had to endure that trauma for two years and still not have a stable house or home.”
Their son passed away prior to the house burning, which made the loss of one irreplaceable item devastating. “He was a veteran so the military at his funeral presented her with a flag. That flag was destroyed in the fire along with all their other belongings,” said Martinez.
The family and the ACLU said they want a change in procedures in the departments concerning SWAT situations and how they use tear gas canisters.
“We would like to see changes in the way that the police conduct these types of arrests. There was no reason or no need to escalate this encounter to what it ended up being,” said Martinez.
KRQE News 13 did reach out to the city attorney’s office to get reaction from them about the lawsuit but they have not gotten back to us yet. The City of Albuquerque paid Brett Rosenau’s family $750,000 to settle their lawsuit with the city.
