Shooting prompts lawsuit

COEUR d'ALENE - The parents of a man killed in an officer-involved shooting near Lookout Pass in 2013 filed a civil complaint Thursday in Idaho District Court seeking damages.

Laura Blankenship and LaMonte Mandarino, parents of Alex Mandarino, 26, claim the June 2013 shooting of their son was not justified. The lawsuit, which was filed by Michael Howard, a Coeur d'Alene attorney, names both involved officers and the Shoshone County Sheriff's Office as defendants.

"Alex was cooperative during the encounter and was not actively resisting arrest or attempting to evade arrest by flight," the complaint states. "As a result, Alex suffered death as a direct and proximate result of the use of deadly force that was clearly excessive to the need, and the force used was objectively unreasonable. The use of force violated clearly established law."

On June 13, 2013, Shoshone County Sheriff's Deputy Adam Durflinger and Idaho State Police Trooper Todd McDevitt responded to Lookout Pass for a welfare check on an orange Scion driven by Mandarino.

After a 45-minute conversation with officers trying to determine why Mandarino replaced the license plates on the Scion, the man allegedly produced a handgun from somewhere in the vehicle. After a struggle between the three men for the handgun, McDevitt took a step back and shot Mandarino in the chest one time, killing him.

In an Oct. 22, 2013, letter that justified the use of deadly force by McDevitt and Durflinger, Prosecuting Attorney Keisha Oxendine said Mandarino posed an "immediate and continuing danger to officers on scene."

That danger, according to Oxendine, came from Mandarino's presentation of a firearm and his refusal to give up the weapon.

However, the civil complaint does not mention Mandarino producing a handgun during his encounter with the deputies.

"Suddenly Defendant McDevitt lunged into the car, on top of Alex, with both hands. Without any apparent struggle, McDevitt shot Alex in the chest at point blank range," the complaint said. "When McDevitt lunged into the car, Durflinger drew his firearm and stood close behind Defendant McDevitt throughout the incident."

The complaint goes on to assert that Mandarino did not pose a threat to the deputies at any point during the incident. By shooting the man, the complaint alleges that his civil rights to due process were violated. As a result, Mandarino's parents are "entitled to an award of economic and noneconomic damages in amounts to be determined by a jury at trial."

The lawsuit also seeks punitive damages, as determined by a jury, and compensation for the cost of the attorney.

Phone calls to the Shoshone County Sheriff's Office requesting comment on Monday were not returned.