Case details

Shooting of previously shot suspect was excessive: mother

SUMMARY

$2500000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
death, gunshot wound
FACTS
On July 16, 2015, plaintiffs’ decedent Anthonie Smith, an unemployed 25 year old who suffers from bipolar disorder and schizophrenia, fled after his mother, plaintiff Sybil Davis, reported a domestic incident and requested police assistance in getting her son a mental evaluation and treatment. Deputy Deylan Kennedy and Corporal Sharee Anthony of the Riverside County Sheriff’s Department arrived after Smith fled but caught up with him near the intersection of Sunnymead and Perris Boulevards, in Moreno Valley, just south of the Moreno Valley Freeway, also known as State Route 60. The deputies ultimately shot Smith 10 times. They claimed that Smith was carrying a knife and a hand tool at the time of the confrontation. Davis, acting individually, as guardian to Smith’s two minor sisters and as one of Smith’s successors in interest, sued Anthony; Kennedy; the city of Moreno Valley; and the deputies’ employer, the county of Riverside. Davis and her daughters alleged that Anthony and Kennedy’s actions constituted excessive force in violation of Smith’s constitutional rights, which resulted in Smith’s wrongful death. Two videos were discovered that showed portions of the shooting. Before the second video started, Smith had allegedly lunged at the deputies while holding a pair of blue pliers. As a result, Kennedy shot Smith nine times. The second video started with Smith on his back. He then got up and was standing unsteadily, but it was unclear in the video if Smith held anything at that time. Anthony and Kennedy pointed their guns at Smith, and Anthony fired. Smith went down for the final time, and the video showed Smith lying in the road. Based on the videos, Judge Jesus Bernal ruled that Kennedy was justified in shooting Smith and dismissed Kennedy as a defendant. The city was also let out of the case, and Smith’s sisters were ultimately dismissed as plaintiffs. Thus, the matter continued with only Davis’ claims against Anthony and the county. The plaintiffs’ police practices expert testified that the last shot was not within Riverside County Sheriff’s Department’s policy and that patience should have been the option exercised instead of Anthony firing that last shot. Defense counsel argued that the force used by Anthony when taking the final shot was reasonable given the totality of the circumstances. Counsel contended that, prior to the shooting, Smith had attacked his own sister and then attacked a deputy sheriff with a weapon, causing the deputy to suffer 66 stitches and a broken nose. Defense counsel further contended that Smith attacked Anthony with a deadly weapon before she fired her weapon., Smith sustained 10 gunshot wounds and died at the scene. He was 25 years old, and was survived by his mother and two minor sisters. Smith’s mother, Davis, sought recovery of wrongful death damages for the loss of her son. She also sought recovery of damages, on behalf of her son, for his alleged conscious pain and suffering from the time of the last gunshot wound until he passed away.
COURT
United States District Court, Central District, Riverside, CA

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