Provo 911 still under fire over man's death

PROVO — The family of a man who died when police dispatchers sent an ambulance to a wrong address filed a notice of claim with Provo's government— the first legal step that must be taken before a lawsuit is filed against the city.

Scott Aston's family now must wait 60 days before they can file suit.

Justin Heideman, the family's attorney, said the family would go forward with the lawsuit if city officials don't provide more information about the day Scott Aston died.

On Oct. 1, Scott Aston, 30, called 911, asking for emergency medical help. The police dispatcher misheard his address, 915 N. 500 West, and sent them to 950 N. 500 West, a nonexistent address. After a few minutes, the medical crew gave up searching for the caller.

Four days later, Aston was found dead in his apartment.

In response to the notice-of-claim filing, city officials contend they have been forthcoming — and generous.

City officials released this statement Monday: "There is significant disagreement between the family and the city in terms of the facts of this issue. While we had hoped through continued discussion and release of information to resolve this issue short of litigation, we have been unable to do so."

In a letter sent to the Deseret Morning News last month, Provo Mayor Lewis Billings said the family had agreed to a financial settlement but then withdrew from the settlement negotiations.

Aston's sister, Carol Davis, confirmed that the family initially agreed to accept the offer of $50,000 for Aston's parents and $50,000 for his widow, Josefina Pena. The city's offer included a second option for the widow: $10,000 now and $500 a month for 10 years for a total of $70,000.

However, the family decided to decline the offer as resentment grew over a clause that the family would not be able to ask any more questions about the circumstances surrounding Aston's death, Davis said.

Heideman said his law firm has not established the amount they will seek for damages.

Scott Aston's family remains upset by what they describe as a pattern of secrecy by Provo officials.

Aston apparently died soon after his 911 call on Oct. 1 and his body wasn't found for four days. Investigators quickly established that the 911 caller and Aston were the same person, but Provo didn't tell the family about the 911 call until Nov. 29.