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Man who was shot by police says he was unarmed, files a $1.27 million claim

Ezra Smith filed a civil claim after being shot and injured by BPD while unarmed during a high-speed chase in 2021.
Credit: Paul Boehlke
The crime scene following an officer-involved shooting in July 2021 in Boise.

BOISE, Idaho — This article originally appeared in the Idaho Press.

A man who is claiming he was shot and injured while unarmed during a high-speed chase in 2021 filed a claim with the city of Boise and Boise Police Department asking for $1.27 million.

Ezra Smith, 25, filed a civil claim on Jan. 10 after being injured in an officer-involved shooting in July 2021.

The claim states the police used excessive force and malpractice against Smith, allegedly shooting at him while he was unarmed.

“Unarmed potential suspect (myself) shot at through a windshield and passenger side window a total of twelve times. Struck physically six times, two of six shots were in the back,” Smith wrote.

He also wrote that he suffered from multiple fractured bones in his face and body, and permanent nerve damage. He added that he now has post-traumatic stress disorder, night terrors and anxiety.

According to a press release from the Boise Police Department, Smith was allegedly driving a stolen van. After trying to perform a standard traffic stop, the release said, police began pursuing Smith and he allegedly hit officer vehicles with the van.

“As officers attempted to take the suspect into custody an officer-involved shooting occurred,” the release said.

Boise Police spokeswoman Haley Williams said because of current criminal charges against Smith, the department cannot release any more information.

There was an ongoing Critical Incident Task Force investigation as of July 13, 2021, when Smith was charged with assault or battery upon certain personnel, fleeing or attempting to elude an officer, grand theft and malicious injury to property, according to the Boise Police Department.

Williams said that it’s not customary for law enforcement to shoot an individual after they refuse to be taken into custody.

“It’s much more complex,” Williams said. “Use of force is a very specific action and generally to discharge a firearm in the line of duty, there needs to be reasonable belief of imminent danger of death or serious bodily injury.”

An attempt to reach Smith for comment was unsuccessful.

This article originally appeared in the Idaho Press, read more on IdahoPress.com.

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