Family of Boise mall-shooting victim says police neglect led to killings. What they want
The family of a victim of the Boise Towne Square mall shooting is seeking millions of dollars in damages against multiple local governments and police agencies for failing to prevent Jacob Bergquist from killing two people in October.
The family of Roberto Padilla Arguelles, represented by Boise attorney Jason Monteleone, filed a tort claim against 12 parties on April 15, including the Boise Police Department, the Idaho State Police, the Meridian Police Department, the Ada County Prosecutor’s Office and the Ada County Sheriff’s Office.
The family is seeking at least $500,000 from each party named, according to the notice of the claim.
A tort claim is not a lawsuit but puts a government agency on notice of an alleged wrong. Idaho law requires a tort claim before a claimant can sue the agency for violating state law. The agency has 90 days to notify the claimant that it accepts or denies the claim. If the claim is denied, the claimaint can sue.
Monteleone told the Idaho Statesman on Thursday that his clients planned on sending a separate notice to the federal Bureau of Alcohol, Tobacco, Firearms and Explosives.
The claim references a series of Idaho Statesman articles that describe various encounters law enforcement had with Bergquist in the months leading up to the shooting.
“Leading up to the fatal shooting at the Boise Towne Square Mall, local authorities ... were familiar with Bergquist and were aware of the heightened risk that he presented to the community,” the claim states.
The claim comes nearly six months after Bergquist entered the mall and opened fire, killing 49-year-old Padilla Arguelles and 26-year-old Jo Acker of Caldwell, who worked as a security guard at the mall. He injured at least four others. Bergquist later died following a shootout with police.
Padilla Arguelles’ family says the failure of police to stop Bergquist in previous encounters led to him killing their loved one.
In one instance, police reports state that Bergquist attempted to enter Saint Alphonsus Regional Medical Center in Boise last June armed with a gun and knife, which aren’t allowed at the hospital. He also entered the State Capitol in April carrying a semi-automatic handgun, asking to speak to Gov. Brad Little.
Ada County Dispatch records also revealed that police received calls earlier in 2021 that Bergquist had brought handguns into a Meridian Walmart and Boise Towne Square, both of which prohibit the open carrying of firearms.
Boise police reported multiple instances of Berquist brandishing a firearm and ammunition magazines in public. Officer Christopher Zimmer saw Bergquist carrying a firearm in downtown Boise in April 2021.
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Zimmer also looked up Bergquist’s now-defunct YouTube page, “Guns N Rodents,” and noted that Bergquist seemed to harbor racist feelings toward immigrants, especially those from Central America. Padilla Arguelles lived in Rupert at the time of the shooting, but was originally from Mexico.
Boise Police spokesperson Haley Williams said in a Thursday email that the city could not comment on pending litigation. Police Chief Ryan Lee had said in the days following the shooting that none of the encounters with Bergquist rose to a level that required an arrest.
The other respondents in the tort claim include: the Idaho attorney general, the Idaho secretary of state, the Ada County Commission’s Office, the Boise City Council’s Office, Ada County Prosecutor Jan Bennetts, Boise City Attorney Jamie Sullivan, the Meridian City Council and Meridian City Attorney William L.M. Nary.
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