AURORA, Colo. (KDVR) — A man who suffered a ruptured testicle is suing the City of Aurora, claiming an officer recklessly fired the projectile that caused his physical damage.
Charles Ward “now seeks to hold Aurora and its officers accountable for their unconstitutional actions,” according to the federal complaint filed by Ward and his attorney, Igor Raykin.
“He brings this complaint and jury demand to vindicate his Fourth and Fourteenth Amendment rights,” the lawsuit said.
The incident in which Ward was injured occurred in May 2020 as he was trying to break into a home he co-leased with his estranged wife.
The suit claims Ward “attempted to access his own house through all doors and when he was unsuccessful, he sought out a Sawzall hand-held electric saw to assist him in getting inside his house.”
Ward’s ex-wife called 911 more than once to report the break-in. Ward alleges that an officer who responded to the scene shot Ward without warning.
The officer “told Mr. Ward to put his hands up twice and drop the Sawzall,” the suit claims. “Mr. Ward complied with the instructions and dropped the Sawzall and his cell phone onto the ground. He then stood to adjust his shorts that had slid down,” and that’s when he was struck with the projectile, a 40 mm sponge grenade.
The Problem Solvers have reached out to the City of Aurora for a response to the lawsuit. The city said it, “will not be issuing any statements due to pending litigation.”