Family of autistic teen killed by deputies in Apple Valley files wrongful death claim
The family of a 15-year-old autistic boy shot to death by deputies in Apple Valley earlier this month has filed a wrongful death claim against San Bernardino County.
Attorneys from Burris, Nisenbaum, Curry & Lacy filed a claim against San Bernardino County last week on behalf of the family. A claim is a precursor to a lawsuit.
Lawyers representing the family held a conference Thursday at the family's home in the 13400 block of Iroquois Road to raise questions about how deputies dealt with the situation and address the loss the family is experiencing in the wake of the shooting.
"Under no circumstances should a 15-year-old autistic boy with a gardening hoe be shot and killed without taking the time to calm the boy down before using deadly force," attorney John Burris said. "The police conduct was unreasonable."
A tragic ending
On March 9, two deputies shot and killed Gainer as he charged toward one of them with a bladed gardening tool raised above his head, according to sheriff's officials, who have released body camera footage of the encounter.
The original family disturbance began with a dispute over whether Gainer would be allowed to listen to music and play video games before doing his chores, the attorneys said. Deputies were told Gainer was assaulting family members and had smashed a window at the family home.
However, Gainer's cousin, who was at the home, had called back the sheriff's department and told authorities that the situation was under control prior to their arrival, the family lawyers said.
"Once a call was made that the situation was under control, the officers should have backed off," Burris said.
San Bernardino County Sheriff Shannon Dicus has defended the actions of the deputies as legal, but also said the shooting was a "tragedy" for everyone involved.
The deputies responded as they were trained to under the circumstances that presented themselves in the moment, Dicus said. He also decried what he called a weak social network that has failed to meet the needs of people with mental health challenges.
The sheriff's department had responded to the family home five previous times leading up to the shooting, according to sheriff's officials and the family attorney's. Each of those encounters ended with Gainer being taken for mental health treatment, and none involved violence.
An 'autistic teen having a bad day'
Deputies should have been better prepared to deal with Gainer, attorney DeWitt Lacy said.
"The deputy immediately drew his weapon at the teen," he said. "The deputy presented as a threat and definitely escalated (the) situation."
"Ryan was not a demon or monster that could run through bullets or overpower two deputies with hulkish strength, he was a 15-year-old autistic teen having a bad day," Lacy said.
Allegations against sheriff's personnel "include but are not limited to wrongful death, assault, battery, false imprisonment, negligence, negligent hiring/training/supervision/retention, intentional infliction of emotional distress, negligent infliction of emotional distress, and violations of (Constitutional rights)," the claim states.
Under state law, county representatives have 45 days to respond to the claim, which sought unspecified damages.
An online fund set up to help Gainer's family had received more than $46,000 in donations as of Thursday.
This article originally appeared on Victorville Daily Press: Family of boy shot, killed by deputies in Apple Valley files claim
