The family of Ryan Gainer, a 15-year-old boy with autism who was shot and killed by San Bernardino County sheriff's deputies outside his Apple Valley home this month, has filed a wrongful death suit against the county, attorneys announced during a news conference. Thursday.
The claim, which indicates the family plans to sue the county, says legal action could focus on allegations of assault, battery, false imprisonment, neglect and intentional infliction of emotional distress.
“Under no circumstances should a 15-year-old autistic boy using a gardening hoe be shot and killed without taking the time to calm the boy before using deadly force,” John Burris, a civil rights attorney who is among those representing the family, said in a statement. intended. “The actions of the police were unreasonable.”
Poster-sized photo of murdered Ryan Gainer standing at the spot where he was killed. Gainer, a 15-year-old with autism, was fatally shot by sheriff's deputies outside his Apple Valley home earlier this month.
(Gina Ferrazzi/Los Angeles Times)
About 40 family members, friends and community members stood in front of the family's Apple Valley home during Thursday's news conference. Most were wearing black mourning clothes while some carried signs in honor of the teenager.
One such sign, which quoted Ryan, reads, “Make sure you have a great day, be the spark, and make sure you spread the good.”
The family, activists and observers showed off the five-foot-long hula hoe, a type of gardening tool that has a D-shaped metal tool on the end for digging into dirt, that Gainer was holding when he was shot. Police claimed the gardening tool had a “sharp end”. Several people showed on Thursday that the worn and dull instrument had no sharp edge.
Ryan's death has heightened activists' concerns about law enforcement's use of force against autistic people and those with mental health issues.
“He was a very smart, kind, generous, respectful, thoughtful, funny, goofy, charismatic person who always saw the good in people,” his family wrote on a GoFundMe page dedicated to raising money for funeral expenses.
The San Bernardino County Police Department did not immediately respond to a request for comment Thursday afternoon.
Rebecca Jenner, sister of murdered Ryan Jenner, comforts her wheelchair-using mother, Sharon Hayward, during a press conference.
(Gina Ferrazzi/Los Angeles Times)
Deputies responded to the Gainers' home on March 9 after Ryan became upset about his parents asking him to complete his chores before he was allowed to play video games or listen to music on his computer. A family member called 911 for help, asking police to send deputies to “receive him” because he was breaking glass and hitting his sister, according to part of the call released by the San Bernardino County Sheriff's Department.
Ryan seemed to calm down and apologized to his family, so Ryan's cousin called 911 a second time to inform them they no longer needed help. But deputies were already on their way, according to prosecutors.
Body camera footage shows the first deputy announcing himself at the front door, saying, “Where is he?” The announcement startled Ryan, who began striding toward the door carrying a shovel, the claim states.
The deputy shouted, “Hey, come back, you're going to get shot,” as Ryan approached him. Footage from the second deputy's body camera from another angle showed the first deputy pointing his gun and shooting Ryan as he fled from the teen. The second deputy, who had just arrived at the home, pulled his weapon and also opened fire, the footage showed. Deputies launched a total of three rounds, according to the ministry.
Deputies have been out to the home five other times this year, and the family's attorneys say they should have known about Ryan. It's not clear how much information deputies had when they arrived at the home, but Ryan had been taken to a mental health facility several times during previous law enforcement visits to the home, San Bernardino County Sheriff Shannon Dicus said during a news conference last week. .
Dicus defended the deputies' actions during the news conference, saying they were forced to make a split-second decision and followed their training protocols.
