David Perdue was shot at in a case of mistaken identity during the manhunt for rogue ex-police officer Christopher Dorner. Perdue and his attorneys were unable to make a deal with the city of Torrance Thursday. His attorney announced that they would be filing a lawsuit early next week. Hetty Chang reports from Santa Monica for the NBC4 News at 6 p.m. on June 13, 2013.
A man shot at by Torrance police officers during a frenzied manhunt for fugitive ex-police officer Christopher Dorner plans to file a lawsuit against the city, his lawyer announced.
After a nearly four-hour mediation session with retired Judge Lourdes Baird, the lawyers for David Perdue, 38, said the parties could not reach an agreement with the city.
"Early in February, the Torrance police attempted to kill him," attorney Robert Sheahen said Thursday. "The city of Torrance has refused to settle the case at an appropriate amount. We will be filing a lawsuit on Monday."
Police rammed Perdue's 2006 Honda truck the morning of Feb. 7 and fired three rounds into the truck, Sheahen said.
Police said it was a case of mistaken identity. They were searching for a rogue ex-officer wanted in an alleged revenge-fueled killing spree.
"This is an innocent man. They're looking for a 270-pound black man," Sheahen said. "Once they realized he's not a 270-pound black man, they hold him on the ground at gunpoint."
Perdue suffers from post-traumatic stress disorder, according to his lawyers, and also suffered a concussion when his airbag was deployed. Because he has been unable to work, Perdue lost his job and health benefits as a baggage handler for United Airlines.
"He has a wife and two little children," Sheahen said. "Their family life has been decimated by this."
The two Torrance police officers involved in the shooting, one of whom shot the three rounds, are back at work.
"Bottom line is, it's unfortunate," said Sgt. Robert Watt, with Torrance Police Department. "Mr. Perdue and his attorneys have some concerns with what happened that night. We understand that we are looking into that, continuing to look into that. We want to resolve it. We thought mediation was the best route."
Perdue and his attorneys plan on filing the lawsuit first thing June 17.