Boise man shot by police files claim of nearly $1.3 million against city, BPD

A 26-year-old Boise man who was shot by police officers on July 11 has filed a claim against multiple Boise agencies for $1.27 million, according to records obtained by the Idaho Statesman.

Ezra Smith filed a tort claim against the city and the Boise Police Department for “excessive force and police malpractice” during the officer-involved shooting. The Idaho Press first reported the claim.

Smith was charged with five felonies, including two counts of assault or battery upon certain personnel; grand theft; fleeing or attempting to elude a police officer; and use of a deadly weapon in commission of a felony enhancement, according to court records.

In another case, also July 11, Smith was charged with two felonies driving under the influence and possession of a controlled substance.

In the claim, Smith alleged police shot through his windshield and passenger window 12 times, and that six of the shots struck Smith – two of which went into his back. Smith also said in the claim he was unarmed.

The Boise Police Department has not confirmed how many times officers fired their weapons or how many times Smith was shot. The involved officers, David Skube and Robert Denney, were both placed on administrative leave per department policy, according to a news release.

“As officers attempted to take the suspect into custody, an officer-involved shooting occurred,” according to an initial news release from the department.

Smith said he suffered multiple face and body fractures, and permanent nerve damage, which resulted in “loss of feeling/sensation in (the) right side of face and neck.” He also has post-traumatic stress disorder, night terrors and anxiety, he said.

Smith was in custody at the Ada County Jail as of Tuesday on a $351,000 bail, according to arrest records. Smith has multiple probation violation charges, which means he cannot place bail.

He is currently represented by the Ada County Public Defender’s Office, according to online court records. Attempts to contact Smith’s attorney were unsuccessful.

Boise police didn’t immediately respond to a request for comment Tuesday.

Details of the July incident

At 7 p.m. on July 11, officers responded to the 7000 block of Overland Road after a report of a reckless driver potentially under the influence in a moving van, police said.

Upon further investigation, Boise police learned the van was reported as stolen and tried to pull over the vehicle. That led to one pursuit that police discontinued because of its “high rate of speed, reckless driving behavior, and potential danger to surrounding vehicles.”

Later, the van was seen in the 10000 block of Riley Court, a residential street in West Boise, according to the release. As police again tried to stop the driver, officers reported over radios he rammed the van into a patrol car multiple times, which led to the shooting.

The incident is under investigation by the Critical Incident Task Force, with the Meridian Police Department as the lead agency.

The task force is formed when an “officer is involved as a principal, victim or custodial officer where death or injury likely to cause death was the result of the use of force,” according to the department’s policy manual.