In late August, Brooks and his attorneys filed a claim against numerous government agencies seeking $50 million in monetary damages for “extreme suffering” caused by the shooting. According to the claim, Forest Service officers, in conjunction with the Bureau of Land Management, shot Brooks “needlessly and recklessly” on May 19: through his arm and back shoulder, in his armpit and the bottom of his spine, through the middle of his back, and several times in his legs. The officers opened fire when they saw Brooks was carrying a gun — but they were wearing civilian clothing and had not identified themselves as police, according to the complaint.
Before U.S. Forest Service police repeatedly shot Brooks Roberts in May, he was already disabled and required the use of a wheelchair. Now, at 39 years old, Brooks is unlikely to ever walk again: He is paralyzed from the waist down, has limited use of his right arm, and cannot control his bowels. Such is the punishment for being unhoused in America.
“Because this incident involved federal law enforcement officers, the investigation was handled by the Federal Bureau of Investigation. It would be inappropriate for us to provide any additional comments at this time,” the Forest Service said in a statement provided to The Intercept. The FBI declined to comment for this story, citing the ongoing investigation, and the Department of Justice and BLM did not respond to requests for comment.
The obscene multiagency operation began with a devious trick, designed solely to arrest the Roberts family for low-level misdemeanors related to their overstay on national forest land outside of Boise, Idaho.
Police body camera footage shows two undercover Forest Service officers approached the small trailers in which Brooks, his mother Judy, and his brother Timber had lived since they were evicted from their rental home in 2020. The officers said they needed help starting their car, so Timber promptly went out to get his truck and retrieve jumper cables. They then grabbed Timber and forced him to the ground as he screamed for help.
“They shot him in the back when he was defenseless and immobile.”
According to the claim, “Mr. Roberts, hearing his brother’s cries for help, wheeled out in his wheelchair to find what appeared to be his brother being carjacked or robbed. As he approached his brother to save him, officers saw the .22 revolver Mr. Roberts carried and opened fire on him.”
The complaint adds that Brooks did not fire his gun, and he swiftly threw it on the ground, several feet away, when he realized the men were police. “They shot him in the back when he was defenseless and immobile,” the claim states.
Another body camera video of the shooting’s aftermath shows Brooks writhing on the ground covered in blood and mud, crying that he cannot feel his legs, as police continue to pull his arms behind his back to force him into handcuffs.
“I’m sorry,” Brooks can be heard apologizing, “I didn’t know you were cops.”