A California man shot in

by a

in September has filed a tort claim against the sheriff's office.

Leonard Salanitro, 49, of

, was

. Thursday, Salanitro announced that he plans to file a lawsuit against the sheriff's office in connection with the incident, according to a statement released from his attorney.

Salanitro was visiting the Aloha home of his two longtime friends, Dale and Sue Anne Fortune, when the incident occurred, the news release says. The Fortunes also each filed a tort claim against the sheriff's office.

"An unarmed man in his underwear was shot by deputies that night," said

who is representing Salanitro and the Fortunes, in the statement. "It's hard to imagine why deadly force would be needed by two officers who carried (Tasers) and were investigating a non-person, property crime. We also have serious questions about the deputies' treatment and arrests of Dale and Sue Anne Fortune, two citizens with no previous criminal history."

Wise said he intends on filing a lawsuit after the sheriff's office internal investigation into the shooting is complete.

In

, officer-involved shootings are reviewed by the

to determine whether an officer was justified in using deadly force or if the case should be presented to a grand jury for its review. A ruling has not yet been made in the Salanitro shooting.

Chief Deputy District Attorney Rob Bletko, who's reviewing the shooting, said he's not in a position to discuss whether he'll present the case to a grand jury. Bletko said he's had meetings "with attorneys representing civilian parties" in the case, and that it's still under review.

The sheriff's office has accused Salanitro of attacking Altiere, following a neighborhood dispute. Sgt. David Thompson, a sheriff's office spokesman, said that the agency cannot comment on the pending litigation.

Salanitro has not been arrested.

Deputies responded about 10:10 p.m. Sept. 21 after a report of a neighborhood dispute in the

, according to the sheriff's office.

, but he resisted, Thompson said after the incident.

At least two other people inside the home reportedly fought the deputies' efforts to arrest Fortune. Authorities have declined to explain how the people were fighting.

At 10:38 p.m., the deputies reported that a shot had been fired, and called for medics to respond to the home. Salanitro was transported to a local hospital, and three people at the residence were detained, after additional deputies responded, Thompson said.

According to his tort claim, Salanitro had no weapons near him, and was "dressed only in his underwear after being unexpectedly awaken(ed) by commotion in the house."

Altiere was also transported to a local hospital, where he was treated and released, according to the sheriff's office. Authorities have not released information about the injuries he suffered.

Court records show that Dale Fortune has been charged with second-degree criminal mischief, resisting arrest and attempted assault of a public safety officer, all of which are misdemeanors. Dale Fortune both resisted and attempted to assault Wheaton, according to court records.

Sue Fortune, 58, was also arrested after the incident. She has been charged with interfering with a peace officer and resisting arrest. Sue Fortune interfered with Altiere as he was performing his "lawful duties with regard to another person," and resisted Wheaton, according to her complaint.

Reportedly, the couple's son, Jayme Fortune, witnessed the incident, but was not arrested.

The accounts of what occurred after the deputies knocked on the door of the Fortunes' home differ among the involved parties, according the press release.

During a telephone interview Thursday afternoon, Wise said that the Fortunes plan to file lawsuits because the deputies forced their way into their home without a warrant, after the Fortunes told them they could not come inside. The Fortunes were both injured during the incident, Wise said.

Sue Fortune suffered "injuries to her nose, face, arm and body in general," according to her tort claim. Wise said Sue Fortune's nose was broken during the incident.

Dale Fortune suffered "injuries to the right side of his body, his back, arm and right hand" during the incident, according to his tort claim. Both the Fortunes' claims allege that their civil rights were violated and that they both suffered emotionally as a result.

Wise said he doesn't yet know how much in damages his clients will be seeking. But he did say that Salanitro, who reportedly has been unable to work since the shooting, will be seeking an amount with "a lot of zeros."

Salanitro, who has no criminal history, works in manual labor, but since undergoing surgery has been told by doctors to avoid heavy-lifting, according to the press release.

Both Dale and Sue Fortune have trial dates scheduled for later this spring.

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