Moturi shooting: City of Minneapolis, former police chief sued over neighbor shooting

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MPD Chief addresses 'gaps identified in service'

Minneapolis Police Chief Brian O'Hara responded to an audit that determined the department made mistakes in at least two high-profiles cases, saying the recommendations in the report have either been implemented already or are in the process of being applied. FOX 9's Mike Manzoni has the full report. 

Davis Moturi, who was shot in 2024 after warning the Minneapolis Police Department (MPD) about repeated threats from his neighbor, is suing the city, the former police chief, the couple who sold him his home as well as the neighbor accused of shooting him. 

Lawsuit filed over Minneapolis Moturi shooting

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Auditor releases reports on Moturi, Lussier cases

The Minneapolis city auditor released reports on the shooting cases of Davis Moturi and Allison Lussier. FOX 9 had team coverage with Karen Scullin and Rob Olson. 

Previous homeowners sued:

The civil lawsuit, filed in Hennepin County District Court, accuses the previous couple who owned the home of intentionally not disclosing the threat that John Sawchak, the next-door neighbor, had posed to them in the past.

Records show that Sawchak had a documented history of harassing and threatening the couple while they lived in the home. They even obtained a restraining order against Sawchak in June 2023, which Sawchak violated, according to court documents. It was during this time that the home was listed for sale. 

The complaint states that Hanes answered "No" on a mandatory disclosure form when asked if there were any material facts that could significantly affect a buyer’s use or enjoyment of the property. The Moturis say they relied on this statement when making their offer.

City of Minneapolis sued:

Moturi is also accusing the City of Minneapolis of not properly supervising its officers and failing to arrest Sawchak despite valid arrest warrants and opportunities to serve them, according to the lawsuit.

The complaint shows a warrant was issued for Sawchak's arrest on April 5, 2024, for gross misdemeanor charges related to multiple harassment incidents.

However, police never served the arrest warrant, and the harassment, which included threats of violence, racist comments and human waste being dumped in Moturi's yard. 

A felony warrant was issued in July, the lawsuit states, but police still did not arrest Sawchak.

Moturi was then shot in the neck on Oct. 23, 2024, while he was pruning a tree near his home's property line, and Sawchak was finally arrested days later.

Former police chief sued:

The lawsuit also accuses former Minneapolis Police Chief O'Hara of defaming Moturi when he publicly stated that Moturi "escalated" the situation, a statement the chief later walked back. 

READ MORE: Minneapolis police chief scrutinized over failures in Moturi, Lussier cases

O'Hara is quoted in the lawsuit saying, "In this particular instance, we failed this victim. 100 percent. Because that should not have happened. The Minneapolis police did not act urgently enough to prevent that individual from being shot. And to that victim, I say I am sorry."

John Sawchak sued:

The criminal case against Sawchak is in limbo after he was found incompetent to stand trial in 2025.

READ MORE: John Sawchak found incompetent for trial in Minneapolis shooting of neighbor

The civil lawsuit accuses him of battery for allegedly shooting Moturi in the neck. 

What's next:

The lawsuit is calling for a jury trial to address physical, emotional and financial damages incurred from the shooting. 

Minneapolis Police Department audited 

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Concern mounts over Minneapolis neighbor shooting

A Minneapolis man accused of shooting his neighbor will make his first appearance in Hennepin County court tomorrow, but concerns continue to surround the Minneapolis Police Department?s decision to not arrest suspect John Sawchak until five days later. FOX 9?s Maury Glover spoke with Minnesota Sen. Ron Latz, who was a proponent Minnesota?s Red Flag Law, about what more could have potentially been done.

The backstory:

A Minneapolis city audit revealed significant shortcomings in the response from officers. 

The audit found Minneapolis police officers appeared to misunderstand whether they could legally enter Sawchak's home after the shooting. Some officers argued "the risk to officer safety was too great" to justify going inside for what they believed was a misdemeanor offense.

It took police five days to arrest Sawchak, who was later deemed mentally ill in court. The audit also noted that many of its recommendations are already being addressed by the department, and it pointed out some promising behavior by the department, like strong "situational awareness," de-escalation techniques, and professionalism with victims.

Moturi, who was shot in the neck, told FOX 9, "If they're too scared to do anything, how does how do they think I feel? How do they think I'm supposed to exist? Or what about the rest of the community, if they can't take the heat, get out of the kitchen. That's why we hired you to risk your life, to go in and put yourself in front of the citizens. What happened to serve and protect?"

The audit also pointed out that then-Chief O’Hara initially appeared to blame Moturi in part for the shooting, using language the auditor described as harmful.

Moturi said, "I'm glad they highlighted the chief victim-blaming, and I know he claimed he received the wrong information. That begs the question, OK, well, where's the information coming from?"

Chief's response to audit:

O’Hara addressed the audit’s findings, saying, "Escalating neighbor disputes can leave people feeling trapped in their own homes, living with ongoing fear and uncertainty. No matter the circumstance, those who reach out for help deserve the very best from the City of Minneapolis and our police department."

O’Hara later said in October 2024 that police failed Moturi and has since apologized publicly.

However, Moturi told FOX 9 he didn't receive a direct apology from the chief.

READ MORE: Minneapolis police audit: Officers feared entering shooter's home after Moturi attack

The Source: This story uses information taken from a civil lawsuit filed in Hennepin County Court and previous FOX 9 reporting. 

Minneapolis Police DepartmentCrime and Public SafetyMinneapolis