Fed lawsuit filed against Sutter Co., sheriff

Jan. 18—A Yuba City man who was shot by Sutter County Sheriff's Office deputies during an attempted homicide arrest filed a federal lawsuit late last month against Sutter County, the sheriff, and others who were employed by the department.

Attorney Roberto Marquez on behalf of Jeffrey Comer filed the suit in the United States District Court for the Eastern District of California on Dec. 22, 2021, seeking a jury trial for accusations made within the complaint.

The lawsuit stems from an incident in October 2020 when Comer was shot multiple times by deputies from the Sutter County Sheriff's Office.

On Oct. 9, 2020, the Sutter County Sheriff's Special Enforcement Detail were searching for Comer in the Feather River bottoms near Shanghai Bend after he was suspected of attempted murder and assault with a firearm in an incident that occurred just days prior on Oct. 6, 2020. Comer also had outstanding warrants for domestic violence and probation violations, according to Appeal archives.

Deputies were looking for Comer after he allegedly shot Ricky Lee Reynolds with a .22 caliber rifle. As a result of that shooting, Reynolds was paralyzed from the waist down and suffered brain damage, according to Sutter County Deputy District Attorney Cameron King in March 2021.

After Comer was arrested, he was charged with attempted murder, aggravated mayhem, assault with a firearm, a prohibited person in possession of a firearm, and attempted threat to commit a crime.

Comer later plead no contest to one count of attempted murder without premeditation as part of a stipulated agreement with the Sutter County District Attorney's Office. In April, Comer was sentenced to eight years in state prison for the no contest plea.

During its investigation of the incident on Oct. 6, the sheriff's department learned that Comer had access to various firearms and had previously made comments about "shooting it out with the police," Undersheriff Scott Smallwood said at the time. A warrant was then issued for Comer's arrest. Comer was later found and during an attempt to apprehend him multiple deputies fired their weapons. As a result of the shooting by police, Comer suffered non-life-threatening gunshot wounds and was transported to the hospital, Smallwood said at the time.

"The Sutter County Sheriff's Office activated the protocol for an officer-involved shooting and the Yuba-Sutter OIS Team initiated an investigation," Smallwood said in a press release issued shortly after the 2020 incident.

The deputies who fired their weapons were placed on administrative leave as part of the department's policy.

In the lawsuit filed in federal court, Comer is alleging that the shooting by Sutter County Sheriff's Office deputies was "excessive and unreasonable" because Comer was unarmed at the time of the shooting and "did not pose an immediate threat of death or serious injury to any person."

Comer claims in the suit that the shooting left him permanently disfigured and caused him to "suffer serious physical injuries and humiliation, emotional and mental distress, pain and suffering, medical expenses, reduced earning capacity, and other economic damages."

He said the excessive force used by deputies caused these injuries.

In response to Comer's allegations, Sutter County officials said the county does not comment on pending lawsuits.

"In the early morning hours of October 9, 2020, deputies were attempting to serve a felony arrest warrant, for attempted homicide, on Jeffrey Charles Comer, who was known to frequent the Shanghai Bend area of the river bottoms. Mr. Comer was the suspect in a shooting with a rifle a few days prior, that resulted in grave injuries," Sutter County Sheriff Brandon Barnes, who is named in the suit, said in an email response to the allegations. "Mr. Comer was located and while deputies attempted to apprehend him, several shots were fired. Mr. Comer was struck and later transported to Adventist Rideout Hospital for non-life-threatening injuries. At that time, the Sutter County Sheriff's Office activated the Yuba-Sutter Officer Involved Shooting Team, which routinely investigates officer involved shootings. That investigation continues. There is a separate, thorough administrative investigation to determine whether training and protocols were followed. It was determined at the time three Sutter County Deputies fired their weapons and subsequently, they were placed on administrative leave at the time. The officers remain employed by the Department and are on active duty."

Along with the county and sheriff, deputies employed by the Sutter County Sheriff's Office also were named in the federal lawsuit. They are Mark Hylen, Ernesto Chavez, Harrison Eide and Michael Aguilar.

Besides allegations of excessive force, the suit brought forth by Comer also suggests that the deputies involved in the shooting "violated their training, standard police officer training, and generally accepted law enforcement standards."

Comer's lawsuit is seeking compensatory damages, punitive damages and is demanding a jury trial.

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