MEMPHIS, TN (WMC) - The family of the man found dead after 49 days in a vehicle on Memphis Police Department’s impound lot are taking legal action.
Murray Wells, attorney for the family of 33-year-old Bardomiano Perez Hernandez, announced they are filing a lawsuit against the City of Memphis.
"We didn't want to be here today,” Wells said. “It's a frustrating case for us."
Wells says he did not want to file a lawsuit and was encouraged by what the mayor said in February after the body was discovered.
“We have to hold people accountable,” said Memphis Mayor Jim Strickland in February 2018. “This is absolutely not acceptable. I am head of this organization and as my political hero Harry Truman said the buck stops here. I accept responsibility for it.”
But Wells said he only heard from the city recently, saying the case is still being investigated.
“We want the city to give us answers legally,” Wells said. “We want responsibility for the act.”
Wells said a medical examiner testified that Perez Hernandez might have survived if he had gotten treatment.
The father of a 2-year-old girl was shot in the abdomen during a robbery at an apartment complex. He was with two other men in the van.
The man in the driver's seat was severely injured but survived. Wells said the lawsuit asks for $300,000, the maximum amount allowed.
He said it’s a promise to the family it will never happen again, as well as a checklist about what should happen at a crime scene and procedures at the impound lot.