ACLU of Puerto Rico sues the Police over the killing of a war veteran

San Juan, P.R. -

The American Civil Liberties Union of Puerto Rico (ACLU of PR) filed a lawsuit this week against the Puerto Rico Police Bureau over the killing of Daniel Maldonado Díaz, a 42-year-old U.S. Army veteran who was experiencing a mental health crisis at his residence in Utuado when an officer shot him in the chest, in an improper use of deadly force.

“In the facts of this case, the Puerto Rico Police used deadly force against a person who was experiencing a crisis stemming from his emotional condition as a war veteran,” said Fermín Arraiza Navas, legal director of the organization.

In the civil rights and damages lawsuit filed on Monday, Memorial Day, the ACLU of Puerto Rico represents Nilda Margarita Díaz Huertas, Daniel’s mother, as well as his sister, Carmen Jarmín Maldonado Díaz. The plaintiff family is also represented by attorney Wanda Valentín Custodio. Named as defendants in their official and personal capacities are Police Commissioner Joseph González Falcón and Sergeant Julio C. Nieves Rosado.

“My son did not need a gunshot. My son only needed the help that the Police denied him when they took his life instead of intervening the right way,” said the veteran’s mother.

Daniel died after being shot by Sergeant Julio C. Nieves Rosado on May 26, 2025 — exactly one year ago — during a crisis intervention at the veteran’s residence in Barriada Nueva in Utuado. Daniel’s relatives state that the officer knew the veteran and that they knew they were going to a crisis intervention. They also state that Daniel was not armed, did not resist, and that the officers did not attempt to establish a dialogue with him.

According to the statement of facts, Daniel was experiencing a mental health crisis and displayed aggressive behavior before the police arrived. His sister Carmen called 911, and when the officers arrived, they suggested requesting an involuntary admission order to a mental health facility under Law 408.

Carmen met them outside the residence, on the first level, and asked them to go up to the second floor, where the residence is located. Upon reaching the door of the residence on the second floor, both Carmen and Sergeant Nieves saw Daniel in the kitchen. Carmen told him that the police had arrived, and Daniel forcefully closed the kitchen drawer. As he walked toward the door where the two officers and his sister Carmen were standing, Nieves fired a shot at his chest with his service weapon. The shot was fired from approximately 18 feet away, according to Carmen, who witnessed what happened. The other police officer at the scene did nothing to stop Nieves.

Neither Carmen nor her mother Nilda — who came out of a room after hearing the shot — saw a knife at the scene, despite the police’s claim that Daniel became aggressive and had a knife with him. Carmen questioned the officer about why he had shot him and ran toward her brother to help him. Daniel died at the scene in front of his sister Carmen and his mother Nilda.

The lawsuit argues that the actions of the Puerto Rico Police constituted a violation of rights protected by the Constitution of Puerto Rico, the U.S. Constitution, and the federal Civil Rights Act. “The illegal, abusive, and unreasonable use of deadly force against Daniel Maldonado Díaz, who was experiencing an emotional crisis as a war veteran, is incompatible with the constitutional protections of life, dignity, physical integrity, due process, and protection against unreasonable police action,” said attorney Valentín Custodio.

The complaint also seeks civil liability, compensatory and punitive damages, and any other remedy available under law. In addition, it asks the court to order the Government of Puerto Rico and the Police to comply with the general orders of the Police Reform and create an interdisciplinary team with trained personnel to respond to emotional crises, in order to prevent tragedies like this from happening again.

Since 2025 alone, the organization Kilómetro 0 has documented six deaths involving police use of force during emotional crises, including Daniel’s case. Since 2020, the ACLU of Puerto Rico has also maintained an active lawsuit over the excessive and deadly use of force by two police officers against Anthony Maldonado Avilés, who was experiencing an episode of emotional distress when he was killed at his residence in Jayuya.