Family of Roseville man fatally shot by police files $10M lawsuit

The family of a Roseville man fatally shot by police last year after a crash has filed a $10 million federal lawsuit, alleging the officer involved violated his constitutional rights and the city failed to properly train department staff on using reasonable force in some interactions.

The suit filed Tuesday in U.S. District Court on behalf of Frank Robles’ wife aims to “establish recognition that the shooting … was unjust and contrary to clearly established law, to secure compensation for these wrongful acts, and to help end the violence perpetrated by the City of Roseville against the people of this state,” her lawyers wrote.

The shooting occurred after Frank Robles crashed his Chevrolet Silverado head-on into a semitractor-trailer on April 26, 2022, according to video authorities released.

As witnesses approached the truck to check if the 57-year-old was hurt, he exited and produced what police later identified as a 4-inch fish fileting blade. They retreated and alerted authorities, investigators reported.

Roseville officers found Robles standing in the road between 12 Mile and Martin holding the weapon. They approached and asked the Roseville Community Schools custodian if he was all right. Police said he responded "no" and the video showed him taking steps toward the officers.

The lawsuit claims the man left his truck “in a state of disorientation, confusion and under the traumatic stress of the event, in possession of a pocket fishing knife. Police body camera video footage demonstrates plaintiff Robles (having moments earlier extricated himself from his vehicle following a significant head-on collision) in a visible state of confusion, unable to fully comprehend the officer’s instructions.”

Police have said they repeatedly told Robles to drop the weapon. An officer, identified as Chad Lee, shot Robles, knocking him to the ground.

Macomb County Sheriff’s officials said Robles tried to stand up with the knife still in hand and the officer fired several more shots.

The lawsuit filed by the Moss & Colella firm paints a different picture.

“Rather than ascertaining whether plaintiff Robles could comprehend his instructions, was coherent or injured, defendant Lee drew his firearm and ordered plaintiff to ‘drop the (explicative) knife,’ ” attorneys said.

“Immediately thereafter, defendant Lee fires upon plaintiff Robles multiple times. Plaintiff Robles collapsed to the ground rendered incapacitated by the gunfire. While on the ground, defendant Lee again began to fire his weapon upon the plaintiff Robles (at least 4 additional rounds), striking him in the right cheek and head.”

An autopsy obtained by The Detroit News found Robles had five gunshot wounds and cuts to his wrist when he died.

The lawsuit claims Lee violated Robles’ Fourth Amendment rights since the officer owed him “a duty to act prudently, with reasonable care, and otherwise to avoid unreasonable and excessive force.”

It also accuses Lee of assault and battery as well as gross negligence. The officer, according to the document, discharged his firearm “multiple times when he knew or should have known that he was not in imminent or immediate harm and that Robles did not pose a physical threat to his safety or that of other officers or civilians.”

Meanwhile, the city “had a policy, practice and/or custom of training its police officers to use excessive and/or deadly force in lieu of less lethal force contrary to constitutional limits of the use of deadly force. Defendant city of Roseville failed to train and supervise its officers in the use of approved use of force procedures when required, including the use of less lethal force in encounters with persons who are injured, in distress or suffering from a mental health crisis.”

Representatives with the city and the Police Department did not immediately respond to a request for comment Tuesday night.

Weeks after the shooting, the Macomb County Sheriff’s Office ended its investigation without any charges against Lee, who had been placed on leave.

"Macomb County Sheriff’s Office investigators met with the Macomb County Prosecutor’s Major Crimes’ Unit and reviewed the investigation in its entirety,” officials said at the time. “After this review, a consistent opinion was reached that no criminal charges are warranted …”

Robles, a father of two who lived in Roseville for more than 40 years, had served in Kuwait and Afghanistan as a contractor from 2008-12, according to an online obituary.

He was driving to work at the time of the crash, his wife's attorneys said in the lawsuit Tuesday.