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Teen's family files lawsuit in fatal shooting by deputy
Teen's family files lawsuit in fatal shooting by deputy
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Video footage of a fatal police shooting in Michigan emerges after the dead teenager's family files a lawsuit against the officer. (Oct. 16) AP
LANSING, Mich. — The family of a 17-year-old Michigan teen shot who was shot and killed by an Eaton County sheriff's sergeant after a February traffic stop has filed a federal lawsuit against the county and the sergeant.
The lawsuit was filed by attorneys for Deven Guilford's family Wednesday.
Guilford's parents, Brian and Becky Guilford of Mulliken, said in a statement that their trust in law enforcement was "shaken to the core" by the shooting.
"As we take this action today we are outraged at the huge miscarriage of justice done to our son Deven Guilford," they said.
The lawsuit comes four months after Eaton County Prosecutor Doug Lloyd cleared Sgt. Jonathan Frost of criminal wrongdoing. Frost shot Guilford, who was unarmed, seven times during the traffic stop.
The lawsuit, filed in U.S. District Court for the Western District of Michigan against Frost and Eaton County, alleges that Frost's "entire course of action was illegal and in violation of Deven's constitutional rights."
"Deven's tragic and totally unnecessary death represents a disturbing trend of demanding 100% compliance with police authority, coupled with zero tolerance of risk of harm to police officers," said Cynthia Heenan of Constitutional Litigation Associates, a Detroit law firm specializing in police misconduct litigation and representing the family, in a statement.
The lawsuit asks for a jury trial but does not seek specific monetary damages.
Theresa O'Dell, executive assistant to Eaton County Sheriff Tom Reich, said county officials have been advised not to comment by their legal counsel. Eaton County Controller John Fuentes also declined to comment on the lawsuit.
Frost, an eight-year veteran, initiated the traffic stop around 8 p.m. on Feb. 28 in Roxand Township after Guilford flashed his bright lights at Frost because he thought Frost's brights were on.
According to his family, Guilford was driving home from a basketball game in Grand Ledge and was on his way to his girlfriend's home to watch movies.
A Michigan State Police investigation of the shooting included the review of video of the stop, both from Guilford's cellphone — the teen was recording the traffic stop — and Frost's body camera. Frost's new patrol vehicle did not have a dash camera, according to Lloyd.
Guilford refused to give Frost his driver's license, registration and proof of insurance, which would have been a misdemeanor, according to Lloyd. It was later determined Guilford's license was with his girlfriend. Frost declined requests from Guilford for his badge number.
Frost pulled Guilford from the vehicle, and ordered him to lay on his stomach next to his vehicle. When Guilford would not put both his hands behind his back as Frost was attempting to handcuff him, Frost fired his stun gun into Guilford. The stun gun wasn't fully effective because only one of two probes embedded into Guilford, according to Lloyd.
Lloyd says the investigation determined an altercation then ensued, which ended in a snow-filled ditch. Guilford was shot seven times. There is no video of the final moments of the traffic stop. Frost's body camera came off during what Lloyd said was a struggle. Guilford's cellphone remained on the pavement, recording audio of the gun shots but did not capture video of the shooting. Frost was treated for facial injuries at a local hospital and released.
Toxicology results showed that THC, the active ingredient in marijuana, was in Guilford's system at the time of the stop.
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Teen's family files lawsuit in fatal shooting by deputy
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Video footage of a fatal police shooting in Michigan emerges after the dead teenager's family files a lawsuit against the officer. (Oct. 16) AP
LANSING, Mich. — The family of a 17-year-old Michigan teen shot who was shot and killed by an Eaton County sheriff's sergeant after a February traffic stop has filed a federal lawsuit against the county and the sergeant.
The lawsuit was filed by attorneys for Deven Guilford's family Wednesday.
Guilford's parents, Brian and Becky Guilford of Mulliken, said in a statement that their trust in law enforcement was "shaken to the core" by the shooting.
"As we take this action today we are outraged at the huge miscarriage of justice done to our son Deven Guilford," they said.
The lawsuit comes four months after Eaton County Prosecutor Doug Lloyd cleared Sgt. Jonathan Frost of criminal wrongdoing. Frost shot Guilford, who was unarmed, seven times during the traffic stop.
The lawsuit, filed in U.S. District Court for the Western District of Michigan against Frost and Eaton County, alleges that Frost's "entire course of action was illegal and in violation of Deven's constitutional rights."
"Deven's tragic and totally unnecessary death represents a disturbing trend of demanding 100% compliance with police authority, coupled with zero tolerance of risk of harm to police officers," said Cynthia Heenan of Constitutional Litigation Associates, a Detroit law firm specializing in police misconduct litigation and representing the family, in a statement.
The lawsuit asks for a jury trial but does not seek specific monetary damages.
Theresa O'Dell, executive assistant to Eaton County Sheriff Tom Reich, said county officials have been advised not to comment by their legal counsel. Eaton County Controller John Fuentes also declined to comment on the lawsuit.
Frost, an eight-year veteran, initiated the traffic stop around 8 p.m. on Feb. 28 in Roxand Township after Guilford flashed his bright lights at Frost because he thought Frost's brights were on.
According to his family, Guilford was driving home from a basketball game in Grand Ledge and was on his way to his girlfriend's home to watch movies.
A Michigan State Police investigation of the shooting included the review of video of the stop, both from Guilford's cellphone — the teen was recording the traffic stop — and Frost's body camera. Frost's new patrol vehicle did not have a dash camera, according to Lloyd.
Guilford refused to give Frost his driver's license, registration and proof of insurance, which would have been a misdemeanor, according to Lloyd. It was later determined Guilford's license was with his girlfriend. Frost declined requests from Guilford for his badge number.
Frost pulled Guilford from the vehicle, and ordered him to lay on his stomach next to his vehicle. When Guilford would not put both his hands behind his back as Frost was attempting to handcuff him, Frost fired his stun gun into Guilford. The stun gun wasn't fully effective because only one of two probes embedded into Guilford, according to Lloyd.
Lloyd says the investigation determined an altercation then ensued, which ended in a snow-filled ditch. Guilford was shot seven times. There is no video of the final moments of the traffic stop. Frost's body camera came off during what Lloyd said was a struggle. Guilford's cellphone remained on the pavement, recording audio of the gun shots but did not capture video of the shooting. Frost was treated for facial injuries at a local hospital and released.
Toxicology results showed that THC, the active ingredient in marijuana, was in Guilford's system at the time of the stop.
Read or Share this story: http://usat.ly/1RNBUCl
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Strict Standards: Non-static method modFlexiCustomCode::parsePHPviaFile() should not be called statically in /home/noahjames7/public_html/modules/mod_flexi_customcode/tmpl/default.php on line 54
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