Gunman hit by Marana police officer's car files $850,000 claim

Mario Valencia, 37, is suing the town of Marana, the police chief and the officer who drove into him, explaining in court documents that he has pain in his head and hip, excessive headaches, and has lost his sense of smell, taste and some cognitive abilities from a skull fracture he received.

His attorney, Paul Gattone, says Valencia has trouble remembering things, including Feb. 19, 2015. That was the day when he was accused of stealing a rifle from a Walmart, threatened to shoot himself and then fired the gun into the air before being rammed by the patrol car, throwing his body into the air.

The incident was captured on the dashboard camera of the officer’s patrol car.

Marana police officials said last year that Valencia had been on a crime spree across Tucson, linking him to cases involving armed robbery, home invasion, fire and auto theft.

A claim filed last August by Gattone seemed to dispute the city’s stated timeline and even whether Valencia went into the Walmart. Gattone is not representing Valencia in the criminal case, serving as his attorney only in the lawsuit against the town.

The lawsuit and claim state the officer whose car struck Valencia, Michael Rapiejko, ignored orders to “stand down” and had no regard for Valencia’s well-being.

“It was clear that Officer Rapiejko’s actions were meant to kill Mr. Valencia,” wrote Gattone. “Officer Rapiejko’s actions were outrageous, shocking to the conscience and a reasonable officer would know that his actions were taken in violation of established law enforcement standards and in violation of Mr. Valencia’s civil and constitutional rights.”

A claim is a precursor to a lawsuit, offering to settle a case before it goes to court.

Valencia is in the Pima County jail waiting for his trial, Gattone said.

At the time of the incident, Marana Police Chief Terry Rozema praised his officer’s actions. A Marana police board of inquiry later found the “nontypical force option” used by Rapiejko, nicknamed “Robocop,” were justified.

Rapiejko has since resigned from the department to pursue a law degree.

Town Manager Gilbert Davidson vowed to fight the lawsuit. “We are absolutely going to defend the town and its taxpayers against a frivolous lawsuit from a person who endangered and victimized the public,” he said.