A parolee shot during a police chase has filed a lawsuit in Sacramento alleging excessive force and negligence by the Twin Rivers Police Department and Officer Jason Smith.

Ricardo Sazo, 29, was shot twice in the shoulder and once in the leg after police said he repeatedly reached behind his back toward his waistband during a chase in October. Sazo was riding a bicycle at midday in Del Paso Heights when Smith attempted to stop him, thinking he looked suspicious.

After he was released from the hospital, Sazo was arrested on suspicion of parole violations and resisting an officer.

In December, the Sacramento County District Attorney’s Office announced it would not file charges against Sazo due to insufficient evidence.

Sazo’s account of the shooting, which is detailed in the suit filed June 17 in Sacramento Superior Court, says Smith attempted to stop Sazo, who rode his bike away from the officer pursuing on foot.

Smith twice deployed a Taser, which police said was ineffective.

Sazo fell to the ground before getting up and running, the lawsuit says.

Sazo “turned back towards his bike where it was left on the ground Smith, without warning, fired his service firearm,” the lawsuit says. “While Plaintiff Sazo was on the ground, Defendant Smith fired two more rounds, striking Plaintiff Sazo, before his firearm jammed.”

The Twin Rivers Police Department gave a different account, saying that during Smith’s foot pursuit, Sazo “turned around, faced the officer, put his hands into his back waistband again and charged towards the officer.”

A Twin Rivers police statement released after the shooting said Smith repeatedly told Sazo to “stop” and “get on the ground.”

“Not knowing if the suspect had a weapon and fearing for his life and safety, the officer fired his duty weapon and struck the suspect three times,” according to the statement.

Twin Rivers Police Department spokesman William Cho said the lawsuit “doesn’t change our position on what the officer did or did not do.”

Smith was cleared to return to duty following a Twin Rivers Police Department internal affairs investigation, which is standard procedure following an officer-involved shooting.

The district attorney’s special investigation unit is finalizing a letter regarding its investigation into the shooting. It did not have a date for when that letter would become public.

The law firm representing Sazo Berg and Associates will hold a news conference today at 2 p.m. at the site of the shooting, in the 1300 block of Nogales Street.

Berg and Associates spokesman Michael Hughes said the news conference is a way to let the community know about the civil suit and reveal information they uncovered during their investigation.

“We are hoping to get more information from people who witnessed this,” Hughes said.

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