GREEN BAY, WI (WTAQ-WLUK) – The estate of a man shot and killed by a Fox Valley Metro Police Department officer has filed a federal civil wrongful death lawsuit about the incident, offering a different sequence of events than what law enforcement has stated happened.
The actions of Officer Sam Pynenberg for the Sept. 3, 2019 death of Eduard Lopez were deemed justified, and no criminal charges were filed against Pynenberg.
Lopez was shot near the intersection of Highways 55 and OO in Kaukauna following a chase through several communities in the early morning hours. According to prosecutors, Lopez had been under the influence of alcohol before the chase and was driving erratically.
The shots came after Lopez’s vehicle spun out in the roundabout and started driving in the direction of multiple law enforcement officers and squads. Pynenberg said he was standing in the middle of the lane of traffic, yelling verbal commands with his firearm drawn, online documents read. He heard the “tires squeal” and the “revving” of the engine. Pynenberg feared Lopez would kill him by driving at him or harming other officers. Pynenberg shot at Lopez’s vehicle, striking him once in the chest and abdomen area, according to the review of the shooting by the Wisconsin Dept. of Justice.
According to the 16-page federal lawsuit, filed Thursday, Pynenberg used excessive force and violated Lopez’s Constitutional rights. It offers a different version of events, saying Lopez wasn’t shot while in his vehicle.
The suit claims “Lopez exited his truck raised his hands in the air and walked toward officers was not armed was between twenty and forty feet from officers. Officers, including Defendant Pynenberg, pointed their guns at Eduard Lopez. Eduard Lopez continued to advance toward officers with his hands in the air. Officer Pynenberg shot Eduard Lopez. Officer Pynenberg killed Eduard Lopez.”
In addition, “At the time Defendant Pynenberg shot and killed Eduard Lopez, Officer Pynenberg had no legitimate reason to believe Eduard Lopez used or threatened to use deadly force. At the time Defendant Officer Pynenberg shot and killed Eduard Lopez, Officer Pynenberg had no legitimate reason to believe Eduard Lopez was a threat to inflict bodily harm on himself or any other person. At the time Defendant Officer Pynenberg shot and killed Eduard Lopez, Officer Pynenberg had no legitimate reason to believe Eduard Lopez would use deadly force against any person. At the time Defendant Officer Pynenberg shot and killed Eduard Lopez, Officer Pynenberg used more force than a reasonable officer would use in like circumstances, including other law enforcement officers present, who never fired their service weapons at Eduard Lopez,” the suit claims.
The suit names Pynenberg, the Fox Valley Metro Police Department and the villages of Little Chute and Kimberly as defendants. It seeks unspecified damages.
No court hearings have been scheduled.
As of Friday afternoon, no defendants have filed formal responses with the court.
FOX 11 has also contacted the two villages for comment but did not receive a response Friday afternoon.
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