GREEN BAY, WI (WTAQ-WLUK) — A trial date of Feb. 13, 2023, has been set in a wrongful death lawsuit filed by the family of a man shot and killed by a Fox Valley Metro Police Department officer.
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.
The jury trial in federal court is expected to last seven days, according to court records.
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.
Lopez’s family filed suit, claiming 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. It seeks unspecified damages.
In their recently filed responses, the police department and villages of Kimberly and Little Chute ask for the case to be dismissed.
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