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Report: Family suing Richard Chrisman’s former partner

FILE - In this photo Wednesday, May 15, 2013, file photo, 47 year old Wang Hongfa holds the hand of his 8 year old son Wang Lichang at a hospital where he donated part of his liver to his ailing son as a living donor organ transplant in Hangzhou in eastern China's Zhejiang province. China claims it ended the harvesting of executed inmates' organs for transplants in January 2015. Some foreign doctors who have worked in China say authorities are behaving more responsibly, but other observers say China hasn't done enough to prove that it's fulfilled that pledge. (AP Photo/Ng Han Guan, File)

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PHOENIX — The family of a man shot and killed by a former Phoenix police officer is reportedly suing his former partner and the city of Phoenix for $30 million.

Richard Chrisman was found guilty of aggravated assault Tuesday in the shooting death of 29-year-old Daniel Rodriguez.

According to, Rodriguez’s family is now suing Chrisman’s former partner for failing to intervene.

The suit claims, “Officer [Sergio] Virgillo has an opportunity to intervene and stop Officer Chrisman from using excessive force against Daniel and failed to do so.”

Virgillo testified that he saw no justifiable reason for Chrisman to use deadly force.

Attorney Monica Lindstrom told News/Talk 9.3 KTAR’s Mac & Gaydos Thursday the suit did not surprise her at all.

“As soon as I had heard about the case, I knew that the family, the survivors would likely file a lawsuit against the city of Phoenix at a minimum because it was one of their officers that caused the death of their son,” she said. “That was kind of a no-brainer that that would happen.”

Lindstrom said Virgillo did not do what he was supposed to do: protect Rodriguez.

“He was supposed to keep him safe and he didn’t do that, whether it was faulty training or he just wasn’t doing his job correctly,” she said.

Lindstrom said the $30 million lawsuit was filed against Virgillo as “an officer and a person,” meaning that both he and the city of Phoenix would be held liable for payments if Virgillo is found guilty.

The suit is seeking both financial compensation and punitive damages.

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