Yia Xiong shooting: Family files wrongful death lawsuit

Kilat Fitzgerald
·2 min read
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ST. PAUL, Minn. (FOX 9) - A wrongful death lawsuit has been filed against the City of St. Paul for a fatal police shooting in Feb. 2023.

Yia Xiong, 65, was shot and killed by a St. Paul Police Officer who fired an AR-15 rifle while Xiong was holding a knife.

The lawsuit claims that Xiong had hearing problems, spoke almost no English and suffered from PTSD that stemmed from service as "a highly decorated soldier in the Royal Lao Army while fighting on America’s behalf."

The family has maintained that Xiong’s death could have been avoided.

The shooting happened after police received a call reporting a man threatening people with a knife in the apartment building’s community room.

The lawsuit states the confrontation began when Xiong wandered into a child's birthday party and tried to give money to the child, which is a Hmong cultural tradition at birthdays.

The family, who were not Hmong, were reportedly alarmed by this and an "altercation" happened between Xiong and the child's father, who had a gun.

Xiong then left and returned with a large knife, described in the lawsuit as a traditional Hmong "cuaj puam."

<div>Knife recovered from the scene by St. Paul police (FOX 9).</div>
Knife recovered from the scene by St. Paul police (FOX 9).

Police body camera footage shows two St. Paul police officers shouting at Xiong to drop the knife as Xiong then moves to his apartment and the officers follow him.

The video shows Xiong unlock his apartment door and attempting to shut the door behind him before one of the officers kicks the door back open. Xiong then walks toward the police officers while still holding the knife, at which point one officer fires his stun gun and the other fires his rifle, killing Xiong.

The lawsuit claims that the two officers involved in the incident "were negligent under state law for intentionally disregarding St. Paul Police Department policies and training, resulting in Yia Xiong’s death."

The lawsuit also claims "There was nothing threatening or aggressive about Mr. Xiong’s demeanor" and that "There was no sign Mr. Xiong understood or even heard the officers."

The Ramsey County Attorney’s Office declined to charge the officers after Minnesota Attorney General Keith Ellison ruled that the use of force was justified. This came after Ramsey County Attorney John Choi requested AG Ellison's assistance in reviewing the case.

In a letter to his office, Xiong’s family responded, saying "despite the mantle of your office and the authority it provides, you do not decide what is ‘reasonable’ conduct for police officers. The people of Ramsey County will decide what is reasonable."

The letter also disputes the narrative of events described in the attorney general’s report while demanding a retraction and apology.

The firm handling the lawsuit, Farrar & Ball, is known for bringing the first defamation lawsuits against Alex Jones on behalf of parents who lost children in the Sandy Hook school shooting.