The Lawsuit is going through:

Family sues Chandler over fatal police shooting at pharmacy

Patricia Biggs
The Arizona Republic
Aug. 25, 2003 03:55 PM

The family of an Ahwatukee Foothills woman shot to death last year by a Chandler police officer filed a lawsuit Monday against the officer, city and its former police chief.

The lawsuit, filed in Maricopa County Superior Court, seeks unspecified damages from former Chandler police Officer Dan Lovelace for assault, battery and gross negligence. It also seeks damages from then-Chief Bobby Joe Harris and the city for negligence.

John "Colby" Nelson described his late wife, Dawn Rae Nelson, as "an incredible woman, a loving wife."

"I still can't believe what happened to Dawn," he said Monday in his attorneys' office.

The 35-year-old woman was fatally shot on Oct. 11 by Lovelace, who had responded to a drive-through pharmacy where Dawn Nelson was accused of trying to forge a prescription.

Lovelace said he fired in self-defense after Nelson drove her Chevrolet Camaro toward him. But three witnesses reported Lovelace ran after the Camaro and shot Nelson from behind, an account backed up by a noted shooting reconstructionist.

Chandler fired Lovelace and the Maricopa County Attorney's Office filed second-degree murder and endangerment charges. Lovelace has a preliminary hearing Sept. 22 in front of Superior Court Judge James Keppel.

Attorney Patrick McGroder, who represents Colby Nelson and Dawn's parents and children, said the lawsuit will prove that Lovelace abused his authority, used unjustifiable deadly force and lied about the facts.

Attorney Craig Mehrens, who is representing Lovelace in the criminal matter, said it's too easy to look back and say what should have happened.

"I don't see it as the Nelson family and their lawyers see it. I think this is a clearly justified, tragic incident," Mehrens said.