DES MOINES, Iowa (Legal Newsline) - An amended complaint in a wrongful death lawsuit takes still images from an Iowa cop's bodycam, so the City of Des Moines says the full footage should be viewed.
Des Moines was sued late last year by Monica Woods, whose son T.J. was shot and killed by officers on Dec. 26, 2022, while holding a gun to his head. He was 16 years old.
The public version of the amended complaint blacks out the photos from the bodycam footage. Since it is now part of the story, the judge hearing Des Moines' motion to dismiss should watch the video, the city says.
"This is especially important in light of the recent significant changes, including striking previous statements argued in the initial motion to dismiss, for the Court to have the source material to review," Des Moines says.
T.J.'s arm was first said to be parallel to the ground across his stomach when he was shot by Zachary Duitscher. The amended complaint says it was across his stomach and chest, with the muzzle of the gun pointed toward his head.
T.J. made "rambling" comments about the recent death of his older brother, the complaint said, and said he wanted to die. Cops were in his apartment while he stood in a corner.
When he raised the gun to his head, he was shot, the lawsuit says.
The plaintiff's attorneys are Lawrence H. Hyman and Jacob M. Oeth. Des Moines is represented by assistant city attorneys Michelle Mackel-Wideranders and Luke DeSmet, who argue the video footage should be kept under seal.