A Tucson man was left paralyzed by a swatting call gone wrong. Now taxpayers have to pay the $176 million price tag

Two bullets out of seven struck Melendez — one in his right thigh, one in his left shoulder — breaking his leg and ribs and causing a spinal cord injury. After being shot, he was handcuffed while bleeding until emergency responders arrived, according to Arizona Public Media. Now the 24-year-old is partially paralyzed from the chest down.

Axeel and his mother, Carmen Melendez, have since filed a notice of claim against the Pima County Sheriff’s Department and Sheriff Chris Nanos — the statutory prerequisite for a lawsuit against a public entity in Arizona — seeking $176 million in damages. The county has 60 days to respond before the complaint proceeds to court.

Moneywise contacted the Pima County Sheriff’s Department, which confirmed it doesn’t comment on litigation. The Pima County Attorney’s Office stated it cannot comment on ongoing litigation and information surrounding the facts of the case:

“Ethical rules 3.6 and 3.8 prohibit us from commenting on the details. We are committed to following those rules to ensure the integrity of the legal process. We will provide a statement as soon as it is legally appropriate to do so. Please rely on the public record for any other case-related questions.”

The lead-up to the swatting

Less than two days before the April 10 incident, Melendez received a threatening message from a hacker who stole his personal information during an online multiplayer video game. The hacker demanded a ransom to return his accounts and passwords, as well as threatened to call U.S. Immigration and Customs Enforcement because of his Hispanic name, AZPM News reports.

Melendez called 911 to report the threat and warn of a possible swatting attempt — an effort made to trigger a massive law enforcement response at his home using a fake emergency call.

“He tells a 911 operator all of this, and she essentially downplays it and says, ‘Don’t worry, that’s not how it works. They can’t just call 911 and have the SWAT team show up at your house,’” his attorney, Dev Sethi, told Arizona Public Media.

The swatting call came anyway. On the morning of April 10, someone impersonating Melendez called the 311 non-emergency line — not 911 — claiming his father had shot his sister. The caller mispronounced Melendez’s first name and called from an out-of-state area code.

“Nobody reporting an emergency calls 311,” Sethi said.

According to the notice of claim, responding deputies disregarded a warning from a colleague who knew Melendez’s address was flagged as a potential swatting target. A deputy acknowledged approaching the home with the mindset to “treat it like it’s real until it’s not real.”

“He did everything we teach our kids to do. When you’re in danger, when somebody’s threatening you, what’s the first thing we tell all of our children? Call the police,” Sethi said. “Axeel’s health, his independence, his ability to earn a living, his sense of security, that’s all been stolen away from him.”

The taxpayer cost of swatting

The $176 million claim illustrates the enormous financial exposure that swatting incidents create for municipalities — one that’s growing as the practice becomes more common.

According to the Anti-Defamation League (ADL), individual swatting incidents have cost taxpayers anywhere from $15,000 to $100,000 depending on the scope of the response. But those figures reflect the emergency response costs alone.