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'I think it was a bad shooting.' | Family of man shot, killed by Sacramento police plans to sue

The family of Jordan Zenka, 26, has hired one of the same lawyers who represented Stephon Clark's family and argues that Zenka's killing was unnecessary.

SACRAMENTO, Calif. — In an apparent cry for help, Jordan Zenka, 26, turned to GoFundMe for financial support in September.

The self-described "chronically houseless" gay man wrote that he was overcoming addiction, the trauma of abusive relationships, and wished for everyone to be "safe and peaceful and to never know homelessness."

Three months later, Zenka was shot and killed by police during an apparent mental health crisis. His family now intends to sue for wrongful death.

Dale Galipo, the family's attorney, said he reviewed a batch of videos of the fatal shooting that was released by the Sacramento Police Department on Monday. He said that he saw officers do many things right, such as leading fearful shoppers to safety and the responding officer trying to calm Zenka down. 

Police said Zenka crashed into the Natomas Bel Air off Arena Boulevard on the morning of Dec. 13. Recordings of 911 calls indicate Zenka ran into the store acting erratically, screaming that someone was trying to shoot him. A short-time later, witnesses tell dispatchers that Zenka was armed with a knife and cutting his own neck. After about half an hour of negotiations, police said Zenka charged at officers when they fired the deadly shots, after initial less-lethal methods, including tasers and bean bag rounds, failed to stop him.  

"They're kind of like, he had a knife. He was coming in our direction, so we killed him. End of the story. Implying, they think it was a good shooting. I disagree with them," said Galipo, who also was one of the attorneys that represented Stephon Clark's family

Galipo noted that Zenka's body is turned away from officers when they fired fatal shots.

Credit: Sacramento Police Department
A still from Sacramento police body camera video where they claim the "Suspect advances towards officers with knife."

"I think it was a bad shooting. I don't think it should have happened. I think their tactics were poor. I think they escalated the situation by using extensive less-than-lethal force," he said.

Galipo argued that back-up officers created an unsafe situation for both Zenka and fellow officers. Zenka is seen on video running towards the exit and officers, after several officers shout towards him and dogs bark loudly. 

"That's scary. That's not going to deescalate a situation for someone who is experiencing a mental health crisis," Galipo said. "You don't want to set this up so 'we're going to use a taser or a bean bag and then he runs away from that- towards other officers, and now we're going to kill him.'" 

Former FBI swat team member and attorney, Don Vilfer, reviewed the video by request of ABC10.

"They let him get incredibly close for somebody with a knife," Vilfer said. "A lot of people think you can shoot the gun out of the hand, but that isn't practical. A person with a knife can get on top of you really quickly." 

Vilfer said he commends the officers for exhausting every option available to them before resorting to deadly force. While an investigation is ongoing to determine whether or not the shooting was justified, he said his review of the footage tells him that the officers were in danger. 

Galipo intends to sue the Sacramento Police Department for wrongful death. He said the family will first file a claim with the agency, before pursuing the suit. He hopes to settle or take it to trial if necessary.

The Sacramento Police Department said the case is still under investigation.

Meanwhile, Zenka's mother, Mary Ellen Lennox, issued a statement saying:

“My son, Jordan Zenka, was killed by the Sacramento police. Our family is horrified that Jordan was struck down when he clearly needed help. The fear he must have felt, and traumatic, painful death, will be with me and my family forever. Grief like this will never heal. Jordan’s life of promise is now taken from him.”

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