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Studio B with Shepard Smith broadcast portions of the police pursuit of JoDon Romero in Phoenix and the surrounding area on September 28, 2012, according to Plaintiff Angela Rodriguez's complaint. During one segment, Romero emerged from his vehicle, racing through the desert brandishing a gun. Despite Smith's instructions to "get off," according to the complaint, coverage didn't break off, and because of the alleged failure to delay the broadcast, Romero's fatal self-inflicted gunshot wound aired nationwide. The complaint cites Smith's on-air apology for the inadvertent footage of the suicide.
According to Rodriguez's complaint, her children suffered post-traumatic stress disorder symptoms after seeing the footage on YouTube that classmates purportedly discussed in school. The complaint seeks punitive and compensatory damages for the children, who Rodriguez claims have been too depressed to attend school since viewing their father's shooting.