roll top timberland boots Family of Desmond Phillips sues city over fatal shooting
Sacramento >> The family of Desmond Phillips the 25 year old man fatally shot by Chico police last March is suing the city and three named officers over his death.
According to a civil complaint filed Jan. District Court for the Eastern District of California in Sacramento, the family alleges officers did not properly plan for their encounter with Phillips and used police tactics when they stormed his father apartment and fired at least 16 rounds, striking Phillips at least 10 times.
Phillips was suffering a mental health crisis at the time, and the complaint further alleges police no significant de escalation tactics, and made no significant effort to accommodate (Phillips obvious disability, even though time and opportunity existed for defendants to follow the requirements of the Americans with Disabilities Act by modifying their tactical conduct to respond to (Phillips). have said Phillips wielded a knife and/or a broken piece of wood and threatened officers before he was shot inside the home.
The complaint names as defendants the city of Chico and Chico police officers Jeremy Gagnebin, Alex Fliehr and Jared Cumber, in addition to a number of unnamed officers.
Officials have previously identified Gagnebin and Fliehr as the officers who shot Phillips. They were cleared last year of any criminal wrongdoing following an investigation overseen by Butte County District Attorney Mike Ramsey.
The lawsuit comes after the city in July rejected a wrongful death claim filed by the Phillips family. And after the Phillips family and Ramsey have said the state Office of the Attorney General is conducting a review of the evidence gathered in the case.
The family is seeking general and punitive damages.
Chico City Attorney Vince Ewing said Wednesday the city is aware of the complaint but he does not comment on pending litigation.
Police shot and killed Phillips the evening of March 17 at his family apartment in the 700 block of West Fourth Avenue in Chico.
According to Ramsey investigation, Phillips was suffering from an apparent mental health episode at the time, and police kicked open the apartment front door on information the 25 year old had a knife and was threatening his father inside.
Phillips was initially hit by a Taser, which brought Phillips to the floor, but the shock was described as being only partially effective, according to the investigation.
Phillips then rose to his feet and allegedly slashed at officers with what the district attorney has said was a splintered piece of a wooden door jamb in one hand and likely a kitchen knife in the other.
Two officers Fliehr and Gagnebin fired 16 shots, hitting Phillips at least 10 times. Ramsey in April found the officers were not criminally liable for Phillips death because the evidence showed they acted in self defense.
The Phillips family in their lawsuit allege officers were in their conduct leading to the shooting, claiming police made several missteps during the episode at the Phillips home.
The family alleges officers, after hitting Phillips with a Taser,
waited instead of moving in and handcuffing him while the shock had an effect. Seconds later, according to the lawsuit, officers opened fire on Phillips, killing him.
It also alleged officers had time to take into account Phillips mental illness before entering the family apartment. Chico police, according to the lawsuit, had been to the family home at least twice before to respond to mental health crises involving Phillips.
Officers to take into reasonable consideration (Phillips obvious, known, mental impairment, and the known, obvious, and stated fact that (Phillips) was no threat to anyone in the apartment prior to forcing this deadly, unreasonable confrontation, according to the lawsuit.
The Phillips family further alleges officers strayed from their training in responding to mentally ill and suicidal people.
Officers to use de escalation tactics to calm the situation and/or summon crisis intervention personnel to the scene, according to the complaint.
Phillips, according to the complaint, posed a threat of harm to anyone throughout the subject incident and the use of deadly force by the defendant officers was unjustified. reporter Andre Byik at 896 7760.