Sheriff in Nancy Guthrie case faces $176 million lawsuit filed by man deputies paralyzed while responding to a swatting call at his home

Pima County Sheriff Chris Nanos, the Arizona lawman leading the search for missing 84-year-old Nancy Guthrie, is facing a $176 million legal claim from a Tucson man who says sheriff’s deputies shot and permanently paralyzed him after responding to a hoax “swatting” call at his home.

Attorneys for 24-year-old Axeel Melendez and his mother, Carmen Melendez, filed a notice of claim against the Pima County Sheriff’s Department, Nanos, 13 deputies, 911 dispatchers and other county officials, according to Arizona Public Media (AZPM). In Arizona, a notice of claim is required before a lawsuit can be filed against a public entity or employee.

Dev Sethi, who represents Melendez, said the family had been targeted by multiple swatting attempts and that Melendez had warned the sheriff’s department beforehand.

How the shooting unfolded

On April 10, someone impersonating Melendez called 311, a non-emergency line and falsely reported that his father had shot his sister, providing Melendez’s home address.

According to the notice of claim, deputies arrived less than 48 hours after Melendez warned the department that an online hacker had threatened to place a fake emergency call at his home.

Melendez had previously spoken with the Pima Regional Critical Incident Team, a multi-agency task force that investigates police shootings. He told investigators he believed an intruder had smashed his window.

Fearing someone had broken into his home, Melendez told his mother to hide, retrieved a legally owned firearm and barricaded himself behind a door. Two deputies allegedly fired at least seven shots through the door, striking Melendez twice. The bullets injured his spinal cord and leg, leaving him paralyzed from the chest down.

A 911 dispatcher had previously told Melendez, “They can’t just call SWAT on you,” according to the filing.

What the claim alleges

The notice accuses the sheriff’s office of negligence, excessive force and “dangerous incompetence.”

Sethi said Melendez “did everything right in trying to get ahead of a swatting threat,” arguing that he reported the threats, sought help from the sheriff’s department and trusted assurances that deputies would protect him.

Attorneys say the emergency call contained several warning signs. It came through 311 instead of 911, originated from an out-of-state area code and mispronounced Melendez’s first name.

Before the call, Melendez allegedly received a threatening message from someone who had hacked his accounts while he was playing a multiplayer video game. The hacker demanded a ransom to return the accounts and threatened to have Melendez deported because of his Latino name.

Melendez reported the threat to 911. According to his attorneys, the operator downplayed the possibility of a swatting attack, while deputies assured him they would notify him if a suspicious call involving his address was received.

The notice also alleges deputies ignored a warning that Melendez’s address was a known potential swatting target.

Sethi described the consequences of the shooting in the notice of claim: “Our justice system recognizes the dignity of a human life and the importance of the completeness of your body. Axeel’s health, his independence, his ability to earn a living, his sense of security, that’s all been stolen away from him.”

Newsweek reported that it contacted the Pima County Sheriff’s Department and Nanos by email for comment. The department has not publicly commented, citing pending litigation.

A department under legal pressure

The Melendez claim is the latest legal action involving Nanos and his department.

Nanos was previously named in a $25 million federal civil rights lawsuit filed by inmate Steven Kenneth Fox. Fox alleged a Pima County Jail officer disclosed information about him to other inmates, exposing him to threats and physical assaults. He also claimed he was denied adequate medical treatment after a brown recluse spider bite and held in isolation for more than five days without showers or exercise.

A federal judge dismissed Fox’s lawsuit and later rejected his motions to reopen the case and appeal.

Separately, Tucson resident Carlos Palazuelos has announced plans to seek $3.25 million from the department. He alleges deputies arrested him at gunpoint and raided his home after Guthrie disappeared, holding him for seven to eight hours without charge before releasing him in a town about an hour south of Tucson.

Palazuelos claims the incident caused property damage and accuses Nanos of refusing to clear his name while continuing to publicly describe him as a “person of interest.”

The Nancy Guthrie investigation

Nanos has drawn national attention as the elected sheriff overseeing the search for Guthrie, the mother of NBC’s “Today” co-anchor Savannah Guthrie.

Guthrie disappeared from her Catalina Foothills home near Tucson during the early morning hours of February 1, 2026. Investigators believe she was abducted after finding evidence that she had been taken against her will. Authorities have also said a masked person tampered with the home’s doorbell camera before her disappearance.

The Melendez claim emerged as the investigation approached the 190-day mark. Nanos has faced separate criticism over his handling of the case, including from FBI Director Kash Patel, who said the department delayed bringing in federal authorities to assist in the search.

On July 31, the Pima County Sheriff’s Department released two ransom notes investigators believe were sent by Guthrie’s abductor or abductors shortly after her disappearance.

The first was addressed to Savannah and sent to the tip line of CBS affiliate KOLD-TV in Tucson on February 2. It read in part: “Hello Savannah, We have your mother Nancy. She is safe but scared. She will be held for ransom and once payment is received she will be released unharmed.”

The note demanded millions of dollars in Bitcoin and threatened that Guthrie “will be killed” if payment was not received. It also included details about a smartwatch found near her bed and a damaged backyard floodlight — information investigators had not publicly disclosed, lending credibility to the note.

A second note, sent February 6 and addressed to the Guthrie family, claimed Guthrie had died shortly after being taken.

“We did not fully grasp the seriousness of her physical condition. We never intended to hurt her, that was not our intention. She perished shortly after she was taken. We believe it was heart related. She is buried in nature now. Nothing you could have done could have changed the outcome. We want your family to know this and hope you all can find peace. We are truly sorry.”

The release of the notes also drew scrutiny toward Nanos. One day earlier, he told CBS News: “I have nothing to indicate she’s dead. I don’t have a body. I don’t have a burial site. I don’t have any note.”

CBS News reported that the statement was contradicted by the note released the following day, which Nanos already had in his possession.

Nanos said of the notes: “Anybody who reads them, my investigators, we look at it and clearly there’s things in there that are very concerning to our investigative team, too. So we hope that by releasing the actual note we’ll get some response from the community.”

Savannah addressed the six-month milestone on social media August 1.

“Six months ago, someone took her out of her bed in the dead of night. We have lived every moment, every breath and every heartbeat in agony and despair ever since. There is a hole inside us that can never be filled. There is an ache that cannot be softened. And there is a determination in us that cannot be quenched — to find out what happened to her, so that we can give her the dignity of a proper goodbye — a celebration of her remarkable life that she so deserves.”

In a separate post, Guthrie wrote, “Every day, we wake up and try to be strong and go on — because that’s what our joyful and resilient Mom taught us to do. But make no mistake — our hearts are in ruins. We are begging for help. We are desperate. We need someone to come forward. Someone knows something. Someone suspects something. Someone recognizes the writing in the ransom demand notes.”

No arrests have been announced.

The Guthrie family is offering a $1 million reward for information leading to answers. The FBI is offering $100,000, while the nonprofit tip service 88-CRIME is offering $102,500.

Anyone with information is urged to contact the FBI at 1-800-CALL-FBI or the Pima County Sheriff’s Department at 520-351-4900.