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Parents file wrongful death lawsuit against city of Modesto for the fatal shooting of unarmed son

Trevor Seever was shot and killed by Modesto Police Officer Joseph Lamantia on Dec. 29, 2020.

MODESTO, Calif. — The parents of Trevor Seever have filed a wrongful death and excessive force lawsuit against Modesto for the fatal shooting of their son.

The unarmed 29-year old was shot and killed by Modesto Police Officer Joseph Lamantia on Dec. 29, 2020. Darlene Ruiz and David Seever, Trevor's parents are divorced and filing the lawsuits separately. 

Both lawsuits seek financial damages and legal costs. 

"The shooting and killing of Trevor Seever was brutal, malicious, and done without just provocation or cause," David Seever's lawsuit states.

Modesto police released a bodycam video in January showing an officer arriving and running towards someone, shouting "Get on the ground!" before firing at least four times. While screaming orders at Seever to put his hands in the air, Lamantia fired three more times. 

Lamantia was fired in March and charged with voluntary manslaughter. He has pleaded not guilty.

According to the Stanislaus County District Attorney's Office, if found guilty, Lamantia could face up to 11 years in prison.

RELATED: Former Modesto police officer charged with voluntary manslaughter after deadly shooting

John Burton, representing Trevor's mother Darlene Ruiz, told ABC10: 

"It's obviously a very dramatic video and shooting that shouldn't have happened. It's a tragic loss to the family and they have exercised their rights. What happened to the officer is rare in these kinds of cases but appropriate," Burton said in a statement.

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