An Arivaca man charged with shooting an undocumented immigrant in the back while the man was running away has filed a $250,000 claim against the Pima County Sheriff's Department and County Attorney's Office.
Michael Goodwin was indicted on two felony counts of aggravated assault with a deadly weapon stemming from the July 31 incident.
Deputies went to Goodwin's home in Arivaca shortly after 7 p.m. for reports of a shooting. They found a man with a gunshot wound to the back, who was airlifted to a hospital after deputies rendered first aid, according to a department news release. The man survived the shooting.
Deputies spoke to Goodwin, who said he and the victim had a confrontation inside Goodwin's home, after which the victim fled the house and ran towards the property's gate, the release said.
Goodwin's attorney, Bates Butler, told the Star his client intended to fire warning shots, and didn't mean to shoot the man.
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No one was arrested the night of the incident, but the case was presented to the Pima County Attorney’s Office, who convened a grand jury that indicted Goodwin.
Goodwin's claim said the sheriff's department failed to fully investigate the alleged burglary by the man who was shot and that the Pima County Attorney's Office is maliciously prosecuting Goodwin.
By charging Goodwin with a crime, it violated his due-process rights, since he was a victim of a crime, according to the claim.
The claim said Goodwin was within his rights to defend himself, his home and his property.
When Goodwin fired the warning shots, the man was 60 yards away from Goodwin’s front door, Butler previously told the Star.
The claim was filed Tuesday, and Pima County has 60 days to respond before Goodwin can pursue the case in court.
