The family of a former bodybuilder killed by an errant police bullet while he was trying to rescue a friend from her crazed ex-boyfriend filed a $25 million lawsuit on Tuesday, the Daily News has learned.
Rafael Laureano, 51, was asked by cops to break down the door to his friend’s home last September 29 while she was under attack from Francisco Carvajal, the Brooklyn Supreme Court suit alleged.
Katarzyna Russo, along with two young children, were locked in the bathroom of the Midwood apartment as Carvajal used two knives to chop through the door, the suit said.
After the hulky father of four busted through the front door, Carvajal, 47, rushed at them, prompting the officers to open fire, the suit said.
The officers violated NYPD protocol by not using a battering ram or getting assistance from their Emergency Service Unit to break the door down, according to the multi-million dollar lawsuit filed on behalf of the victim’s namesake.
“No amount of money can replace the father of four children…the family is seeking justice,” said Abe George, the lawyer for Laureano’s son, Rafael Laureano Jr., 26.
Police fired 18 bullets, nine striking Carvajal, who was killed, and one fatally striking Laureano in the neck as he was in front of them when they entered the Ocean Parkway apartment, the suit alleged.
“When I got to scene I asked three cops what happened to my father, no one wanted to tell me anything,” his heartbroken son told The News.
He said he had to show his military identification at the hospital to learn his father was stabbed “multiple times” to death.
“I couldn’t believe it. It was hard to hear,” he said.
“I thought he was strong enough to survive [getting stabbed,] but Rafael said, ‘No he died.’ I couldn’t believe it,” said another son, Jonathan Sanabria, 27.
A few days later the city medical examiners determined the dad was not stabbed but was shot by the NYPD.
“The NYPD and the city has yet to provide the Laureano family with the truth of what led to [their father’s] death,” said George.
A city Law Department spokeswoman said they will review the suit.
A police official reiterated earlier statements that Laureano ran into the apartment after cops forced open the door. One of the cops grabbed Laureano by the arm as he bolted past them toward Carvajal, police said.
An internal review is still pending.
With Rocco Parascandola
