City Sued on Behalf of Infant Son : Law: Attorney for baby born five months after his father was shot to death by a San Diego policeman seeks damages from city.

An attorney representing the infant child of a man shot to death by San Diego police last winter filed a wrongful death complaint Tuesday against the city and the officer involved.

The lawsuit alleges police “negligently, carelessly, recklessly and maliciously . . . shot to death . . . an innocent man who had no weapon and who was in the confines of his home.”

Four-month-old Kelcie Breonne Cross, the son of Richard Weldon Cross Jr., is the plaintiff in the complaint filed in San Diego Superior Court. The lawsuit, which seeks unspecified damages, identifies Kelcie, who was born five months after his father was killed, as Cross’ sole heir.

Cross, 20, was shot the morning of Dec. 6 by Officer Paul Wright after police responded to a 911 call from Cross’ South San Diego apartment.

Cross’ fiancee, Lauri Crosson, reportedly told a police dispatcher that a domestic dispute was taking place and that she was being threatened by her boyfriend.

Police arrived shortly after and burst into the apartment, firing at Cross and fatally wounding him in the chest and right arm. Crosson was not armed.

“He was getting heated and agitated,” said David S. Casey Jr., the attorney who filed the complaint. “She was pregnant and she was concerned. So she made the call. But by the time the police arrived, the argument had (been) resolved and everybody was calmed down.

“Had the police taken a little more time before they rushed in and used lethal force, they would have found this out.”

A police spokesman said the department, including Wright, would not respond to allegations in the complaint.

“It’s our policy that we don’t comment on matters that are in litigation,” spokesman Dave Cohen said, although he did refer to a district attorney’s report exonerating Wright in the shooting.

The district attorney ruled the shooting was justified. Shortly before the ruling in May, Crosson had filed a wrongful death claim against the police officer and the city. The claim, filed on behalf of her newborn son, was rejected by the city Oct. 3.

“The quick motion of Cross as he turned toward Officer Wright caused (Wright) to believe that Cross was preparing to fire a weapon,” the district attorney said in a letter detailing the ruling. The letter was sent to Police Chief Robert W. Burgreen and was signed by Dist. Atty. Edwin Miller.

“We are unable to determine why Cross reacted in the manner described,” Miller wrote. The district attorney speculated that Cross may have turned and dropped a buck knife found later in a laundry basket, or he may have been turning to run because of an alleged warrant for his arrest on a parole violation.

“Or he may merely have been making an innocent, but abrupt movement, which under the circumstances was mistakenly perceived by the officer to be an aggressive move,” the letter said. “Whatever the reason, Cross’ actions contributed to Officer Wright’s . . . reasonable use of deadly force in self-defense.”

A discrepancy remains over Crosson’s conversation with the 911 dispatcher. Crosson conveyed a sense of desperation and imminent danger, police said, leading Wright to enter the apartment with his pistol drawn.

Homicide investigators said a recording of the 911 call has Crosson stating that her fiance was armed. Crosson has said she has no recollection of telling the dispatcher that Cross had a gun.

“The problem was, the officer way overreacted,” Casey said. “Unfortunately he took the quick finger-type of approach.”