Newspaper article The Record (Bergen County, NJ)

Family of Dead Man Sues Paterson

Newspaper article The Record (Bergen County, NJ)

Family of Dead Man Sues Paterson

Article excerpt

PATERSON - The family of a man who was shot in the head and killed by a Paterson police officer two years ago filed a federal wrongful-death lawsuit this week against the city seeking $10 million in damages.

The man, 39-year-old Saulo Del Rosario, had locked himself in the bedroom of his Redwood Avenue home on the morning of Sept. 1, 2012, and was refusing to come out, causing concern among his family because he had not taken medication to prevent his seizures, the lawsuit says.

After a 911 call, five police officers arrived inside Del Rosario's home, evacuated his family members and then broke into the bedroom, according to the lawsuit. One of the officers, Marj Kush, was behind a protective shield when he fired two shots at Del Rosario, one of which struck him in the mouth, the lawsuit says.

Authorities say Del Rosario was holding a hammer and was moving toward Kush when he was shot. Authorities say Del Rosario, who did not speak English, did not comply with Kush's call for him to drop the hammer.

A grand jury determined in the summer of 2013 that Kush's use of deadly force was justified, according to the Passaic County Prosecutor's Office.

Del Rosario was one of two Paterson residents shot and killed by city police in 2012. The other, Jacobe Hyatt, was killed on New Year's morning when, police officers said, he refused to drop a gun he was holding during a confrontation among a group of men outside a gas station on Broadway.

Hyatt's family also has filed a wrongful-death lawsuit against the city. A grand jury did not hand up charges against Javier Gutierrez, the officer who shot Hyatt.

Neither Paterson Police Director Jerry Speziale nor police union President Alex Cruz could be reached for comment on the Del Rosario lawsuit.

The complaint filed by members of Del Rosario's family says he had been treated for seizures at St. …

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