PHOENIX — A case of mistaken identity left a south Phoenix man in the hospital and now his family is asking for justice.
Family members say 19-year-old Dion Humphrey was shot by a rubber bullet and hospitalized after police allegedly mistook Dion for his brother, Khalil Thornton.
Phoenix police confirmed they were looking for Humphrey's brother, 20-year-old Khalil Thornton, in connection with the shooting and robbery that happened a block away from Humphrey's house on Jan. 9.
The scene unfolded as Phoenix police prepared to serve a search warrant on a house where they were told Khalil Thornton lives.
Police paused when Dion, who they thought was Khalil, walked out of the home with small kids and took them to a nearby school.
According to police, it was an ATF agent who told officers it was Thornton and that's when officers moved in.
The ATF admitted its agent mistook Humphrey for Thornton.
Below is a picture of Thornton.
His brother has dreadlocks, but police say Humphrey was wearing a beanie at the time.
Officers threw a flashbang and shot him with a rubber bullet, according to police.
"The pain that I have…right here is burning," Dion Humphrey said. "And it’s hard for me to breathe."
After learning it was Dion Humphrey, police took him to the station for questioning on an unrelated and unnamed case.
Police said Dion told officers that he and Khalil, who are 10 months apart in age, often get confused or mistaken by being twins.
The family says Dion must have been confused and talking about his younger brother because in no way, shape or form should police have mistaken the brother’s identity and are calling for officers to be fired.
Additionally, the family is wondering why Humphrey wasn't taken to the hospital right away.
“Dion told them… 'I have sickle cell. I’m in a sickle cell crises right now. I have asthma. I can’t breath very well now,'" Dion's grandmother Marjorie Janvier said. "They told him to answer the questions and we’ll take you home.”
A family representative said they expected Dion to be released from the hospital today.
"The city definitely has to apologize," Dion's father, William Humphrey said. "The city definitely needs to make recompense. And they definitely need to pay for the actions."