Family sues after losing home to fire during SWAT operation

ALBUQUERQUE, NM – A local family is suing the city of Albuquerque and Bernalillo County over a SWAT operation that caused a fatal fire in their home. A teenager died in this fire.

This happened in July 2022. APD officers and Bernalillo County deputies were searching for murder suspect, Qiaunt Kelley.

Police say he barricaded himself in a home in southeast Albuquerque. Brett Rosenau, 15, was also inside.

Investigators say a gas canister thrown by a deputy started the fire and the teen died of smoke inhalation.

Today, the Coleman family, who own the home, along with the ACLU, are suing the APD and BCSO. They claim the agencies violated their constitutional rights.

“I think the point of this trial is, essentially, that the police should not burn down people's houses. You know, home is an essential part of our lives, we spend around 90% of our time indoors, it's the place we go to feel safe, where we connect with our family, and it’s a space that needs to be protected,” said attorney Sam Walker. “Well, my main goal is to get justice for the Coleman family, and that means getting them back into their home, getting them compensation for their home, and getting them some sort of justice for the things that are not replaceable.”

Earlier this year, Brett Rosenau's family settled with the city for $750,000.

As for Kelley, police arrested him during this SWAT situation. He is now charged with homicide and aggravated battery.

Right now, everything is on hold while he undergoes a skills assessment.