Court considers whether police were justified in Palacios shooting

Jan 18, 2023, 2:00 PM
A federal appeals court is considering whether officers violated Bernardo Palacios-Carbajal's const...
Bernardo Palacios-Carbajal's mother Lucy Carbajal, left, sister Karina Palacios, brother Freddie Palacios and nephew Aiden Palacios pose for a photo in Lucy Carbajal’s home in Salt Lake City on June 24, 2021. Two Salt Lake police officers shot and killed an armed Bernardo Palacios-Carbajal, 22, on May 23, 2020. His family filed a lawsuit alleging that he didn’t pose a threat to Salt Lake police before they shot and killed him. (Annie Barker/Deseret News)
(Annie Barker/Deseret News)

DENVER — A federal appeals court is considering whether officers violated Bernardo Palacios-Carbajal’s constitutional rights when he was shot and killed in Salt Lake City in 2020.

U.S. District Judge David Barlow ruled on March 2, 2022, that Salt Lake police officers Neil Iversen and Kevin Fortuna, along with Chief Mike Brown, did not violate Bernardo Palacios-Carbajal’s civil rights in a fatal police shooting that prompted multiple protests.

The Palacios family appealed that ruling on March 31 and maintains that he was not a threat to police.

An attorney representing Palacios-Carbajal’s family and an attorney representing Salt Lake police officers presented arguments to judges on the 10th Circuit Court of Appeals on Tuesday in Denver. A panel of judges with the 10th Circuit will issue a written decision determining whether the case will remain dismissed or be sent back to the District of Utah.


About 2:10 a.m. on May 23, 2020, Salt Lake police officers responded to the area of 271 West 900 South on a report of a man threatening others with a gun. The first arriving officers spotted a man in the parking lot — later determined to be Palacios — who immediately ran from them.

After a short chase where Bernardo Palacios-Carbajal reportedly dropped and picked up his gun multiple times, police fired at him ultimately killing him. Iversen and Fortuna both said they saw Palacios, 22, point a gun at them while he was on the ground.

Read the full story on

We want to hear from you.

Have a story idea or tip? Send it to the KSL NewsRadio team here.

Today’s Top Stories

Crime, Police + Courts

Atlanta Police Officers watch as protesters march during a rally against the fatal police assault o...
Nouran Salahieh, CNN

Protesters across the US decry police brutality after Tyre Nichols’ death

Protesters took to the streets to decry police brutality after the release of video depicting the violent beating that led to the death of Tyre Nichols.
13 hours ago
One person is dead following a three vehicle crash in Sanpete County around 7:30 p.m. on Friday, Ja...
Waverly Golden

Three vehicle crash in Sanpete County leaves one dead

One person is dead following a three vehicle crash in Sanpete County around 7:30 p.m. on Friday, January 28.
2 days ago
Tyre Nichols Protests...
Nouran Salahieh, Jamiel Lynch, Chuck Johnston, Shawn Nottingham, Andy Rose and Phil Gast, CNN

More protests today after release of video depicting the deadly police beating of Tyre Nichols

Protesters across the US heldmarches & rallies on Saturday, one day after the release of video showing the police beating of Tyre Nichols in Memphis.
2 days ago
A traffic stop in Salt Lake City led to the arrest of a 21-year-old man who was in possession of il...
Mark Jones

Salt Lake City traffic stop leads to drug bust, illegal gun recovered

Salt Lake City police say a traffic stop Thursday resulted in a 21-year-old man being arrested for being in possession of illegal drugs and a firearm.
3 days ago
Video footage of a traffic stop that led to the deadly beating of Tyre Nichols shows "acts that def...
Travis Caldwell, Jay Croft, Eric Bradner and Alisha Ebrahimji, CNN

Memphis releases video showing police stop that led to Tyre Nichols’ death

Editor’s note: This article contains graphic descriptions of violence. (CNN) — The city of Memphis has released police body camera and surveillance video showing the January 7 traffic stop and violent police confrontation that led to the death of 29-year-old Tyre Nichols. During the initial encounter between Nichols and Memphis police, an officer can be seen […]
3 days ago
A 15-year-old girl was killed in a crosswalk on Friday when she was hit by a school bus in Sandy. T...
Simone Seikaly

Jordan High student killed in Sandy crosswalk by school bus

Sandy police said they do not yet know how or why the student was hit while walking in a crosswalk on Friday.
3 days ago

Sponsored Articles

Banner with Cervical Cancer Awareness Realistic Ribbon...
Intermountain Health

Five Common Causes of Cervical Cancer – and What You Can Do to Lower Your Risk

January is National Cervical Cancer Awareness month and cancer experts at Intermountain Health are working to educate women about cervical cancer, the tests that can warn women about potential cancer, and the importance of vaccination.
Kid holding a cisco fish at winterfest...
Bear Lake Convention and Visitors Bureau

Get Ready for Fun at the 2023 Bear Lake Monster Winterfest

The Bear Lake Monster Winterfest is an annual weekend event jam-packed full of fun activities the whole family can enjoy. This year the event will be held from January 27-29 at the Utah Bear Lake State Park Marina and Sunrise Resort and Event Center in Garden City, Utah. 
happy friends with sparklers at christmas dinner...

15 Easy Christmas Dinner Ideas

We’ve scoured the web for you and narrowed down a few of our favorite Christmas dinner ideas to make your planning easy. Choose from the dishes we’ve highlighted to plan your meal or start brainstorming your own meal plan a couple of weeks before to make sure you have time to shop and prepare.
Spicy Homemade Loaded Taters Tots...

5 Game Day Snacks for the Whole Family (with recipes!)

Try these game day snacks to make watching football at home with your family feel like a special occasion. 
Happy joyful smiling casual satisfied woman learning and communicates in sign language online using...

The Best Tools for Deaf and Hard-of-Hearing Workplace Success

Here are some of the best resources to make your workplace work better for Deaf and hard-of-hearing employees.
Team supporters celebrating at a tailgate party...

8 Delicious Tailgate Foods That Require Zero Prep Work

In a hurry? These 8 tailgate foods take zero prep work, so you can fuel up and get back to what matters most: getting hyped for your favorite
Court considers whether police were justified in Palacios shooting