Wife of man killed by officer suing Idaho Falls Police Department

IDAHO FALLS – A local woman whose husband was shot and killed by police is now suing the Idaho Falls Police Department for his alleged wrongful death.

Bree Johnson, the widow of Joseph Johnson, filed a complaint in federal court stating her husband was wrongfully murdered by Idaho Falls Police Officer Elias Aurelio Cerdas on Feb. 8, 2021.

The lawsuit alleges three main claims, that Cerdas violated Joseph Johnson’s civil rights, that the city of Idaho Falls with respect to the operation of IFPD violated Johnson’s civil rights and that Cerdas caused the wrongful death of Johnson.

Johnson’s wife of 19 years filed a tort claim in July 2021, stating she intended to sue Cerdas and the city of Idaho Falls for her husband’s death. The claim accused the Idaho Falls Police Department of not properly training Cerdas.

The lawsuit was filed against the city of Idaho Falls, the Idaho Falls Police Department and Idaho Falls Police Chief Bryce Johnson, who is not related to Bree Johnson or her family. Bonneville County, the Bonneville County Sheriff’s Office, and Sheriff Sam Hulse are also listed.

The petitioners of the lawsuit include many of Joseph Johnson’s family members, including his wife, their four minor children, and his parents.

A grand jury indictment came down from the Idaho Attorney General’s Office in August 2021. Cerdas was initially charged with involuntary manslaughter. But on the second day of trial, the Attorney General’s Office accepted a plea agreement to dismiss the case entirely in return for Cerdas having to complete 100 hours of use-of-force training.

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The case revolves around an incident that began around midnight on Feb. 8. According to court records, a Bonneville County Sheriff’s deputy stated that he performed a traffic stop for a broken taillight on First Street.

The passenger jumped out of the car from the passenger’s side, and the deputy followed.

Police records show the suspect, later identified as 22-year-old Tanner Shoesmith, ran through a backyard on Lincoln Drive, jumped a fence, and the deputy lost sight of him. The deputy radioed to other officers where the suspect was going and that he was wearing a black shirt with khaki pants.

According to the lawsuit, Cerdas and Idaho Falls police officer Hector Kistemann responded to the area to search for the suspect. Officers say a resident on Holbrook Drive spotted the suspect running through a yard and believed he was carrying a gun. That information was then conveyed to officers on their radios.

As police searched for Shoesmith, they learned he had several warrants for his arrest and a violent history with law enforcement, including a warrant for felony battery on an officer.

One of the officers spoke with a man who lived at the corner of Tendoy and Syringa Drives, later identified to be Johnson. The officer reportedly said they were looking for a person who ran from a traffic stop and would be in the neighborhood.

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Police also spoke with the woman who was in the car with Shoesmith. According to officers, the woman showed law enforcement a message from Shoesmith sharing his GPS location. The GPS ping placed him in the backyard of a home on the corner of Tendoy Drive and Syringa Drive.

Police surrounded the home and drew their weapons. Kistemann saw a man in the backyard wearing a black shirt and carrying a gun. They were unaware that it was Johnson. Kistemann, thinking he was the suspect, yelled at him to drop it without identifying himself as law enforcement.

Johnson reportedly turned toward the officers, tried to put down the gun, and Cerdas shot him.

Officers then learned Johnson lived at the home and was not the suspect. He was the same man other officers had spoken to earlier. Police and EMTs tried to save Johnson’s life but were unsuccessful.

The lawsuit alleges that “at no point before shooting Mr. Johnson did Officer Cerdas say anything to Mr. Johnson.” It also states that Johnson removed his left hand from the gun and began to lower it to the ground with his right hand.

According to court documents, “Mr. Johnson did not make any threatening movement.” In interviews with the Attorney General’s office, Cerdas later stated, “One hand comes off the gun, I don’t remember which hand came off the gun, but a hand comes off the gun . . . .”

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The lawsuit stresses that Kistemann, “consciously chose not to shoot Mr. Johnson in order to give him time to comply.” The lawsuit also alleges that Johnson’s last words were “this is my house!”

Shortly after the shooting, police found Shoesmith hiding in a shed at a house on Linden Drive. Officers arrested the man, who was booked into the Bonneville County Jail on his warrants. He was also cited for misdemeanor resisting arrest, according to court records.

Afterward, the Eastern Idaho Critical Incident Task Force was called in to investigate the shooting. The task force consists of officers from multiple agencies with Idaho State Police leading this particular investigation. Cerdas was placed on administrative leave.

The complaint alleges a reasonable officer on the scene would have realized Johnson was not the suspect. It states that “they were in a residential neighborhood, gun ownership is common in eastern Idaho, and that Cerdas “did not even attempt to determine whether that man he saw was the suspect or the other civilian before shooting him.”

One of the most interesting claims in the lawsuit alleges that “Mr. Johnson was actually complying with Officer Kistemann’s command when Officer Cerdas shot him.”

In the first trial, Cerdas’ lawyers claimed he “did what he was trained to do.”

“Officer Cerdas did what he was trained to do. What he did that night was based completely on his experience and his training,” said Dennis Wilkinson, an attorney for Cerdas. “He thought it was the suspect. He didn’t know.”

The city of Idaho Falls and Cerdas filed a response to the lawsuit denying much of the claims by the defendants and saying that it’s possible Cerdas did not know Joseph Johnson was not the suspect.

“The actions of defendants were at all times carried out in good faith,” says the response. “Defendants do not admit, in asserting any defense, any responsibility or liability, but, to the contrary, specifically deny any and all allegations of responsibility and liability in plaintiffs’ complaint.”

The next court proceeding is a scheduling conference on April 12.