Mother of Payton Wasson, Shot and Killed by Boise Police, Files Multi-Million Dollar Lawsuit

The mother of Payton Wasson, a 22-year-old man from Nampa who was shot and killed by Boise police this summer, has filed a tort claim against the city, seeking millions in damages for her son’s death.

Marah Wasson, the mother, has experienced significant emotional and physical distress due to the loss of her son, according to the complaint obtained from the city through a public records request. The civil complaint is demanding no less than $5 million in compensation.

Represented by a Chicago-based law firm, the Wasson family alleges in the complaint that Marah Wasson is entitled to damages under both federal and state law for the costs of her son’s hospitalization before his death, as well as funeral expenses, punitive damages, and compensation for the loss of Payton Wasson’s companionship.

The complaint describes Payton Wasson as a “beautiful, sweet, amazing baby boy” and expresses Marah Wasson’s disbelief and devastation at having to bury her own son.

Payton Wasson passed away at Saint Alphonsus Regional Medical Center in Boise on June 25. While the exact number of shots fired by the police remains undisclosed, the Ada County coroner’s report indicates that at least one bullet struck Wasson in the head, and it could not be surgically removed. After being declared brain dead, Wasson’s family made the difficult decision to remove him from life support.

According to Idaho law, before filing a civil lawsuit against a public agency for alleged violations, a tort claim must be filed. The agency then has 90 days to respond.

When contacted for comment, city spokesperson Maria Weeg declined, stating that it is still early in the legal process.

Family Awaits Police Body-Camera Footage

The Wasson family’s law firm spokesperson, Jennifer McGuffin, revealed that filing the tort claim was challenging due to the lack of details about the incident. The family has yet to be allowed access to body-camera or dash-cam footage, preventing them from understanding the full truth of what transpired.

Additionally, the family has not received any relevant reports from the police department, as stated in the complaint.

The shooting occurred in downtown Boise during the early morning hours of June 24. Boise police had a patrol team in the area investigating possible gang-related crimes, including narcotics sales.

Officers approached Payton Wasson, along with Mario Garza and Jordan Smith, near 5th and Idaho streets. Wasson fled on foot, and officers reported seeing a gun in his hand. Garza was subsequently arrested, while Smith was released.

Officer Chance Feldner, an 8 1/2-year veteran of the department, was the only officer to shoot Wasson. Wasson was transported to the hospital with life-threatening injuries. Marah Wasson was not informed about her son being hospitalized until approximately 12 hours after the shooting.

Despite ongoing investigations, the Boise Police Department has refused to disclose the number of shots fired by Feldner, the number of hits on Wasson, or the specific locations of the gunshot wounds. The department has also withheld officer body-camera footage.

Mario Garza, facing charges related to possessing fentanyl with intent to deliver, is awaiting his trial scheduled for February.