Police accused in wrongful death suit
The estate CLEVELAND — of a man shot and killed in front of his girlfriend and children by a Strongsville police officer filed a civil rights and wrongful death lawsuit Thursday that says the man never posed a threat to the officer.
Officer Jason Miller shot Roy Evans Jr., 37, after Evans’ Ford Econoline van stopped following a 14-minute chase. Evans was unarmed and shot while sitting in the driver’s seat.
Miller later told criminal investigators that he saw Evans reach for something, which turned out to be carpet. Investigators searched the van and found no weapons inside.
Miller’s first shot happened about 4.7 seconds after getting out of his cruiser, according to records from the Ohio Bureau of Criminal Investigation. He yelled at Evans to comply before firing the first shot and fired a second shot about two seconds later, the records say.
The lawsuit, filed in federal court in Cleveland, says Evans “posed no threat to the officers or anyone else” when Miller fired.
The suit was also filed on behalf of Evans’ longtime girlfriend Amanda Pauley and her three children, who were between the ages of two and 15 years old when the shooting took place. The lawsuit says Miller fired “with complete disregard” and needlessly put the others in the van in danger.
The shooting marked the fourth time Miller has been involved in a police shooting. He previously shot another unarmed suspect, the suit states.
The lawsuit also names a sergeant on scene and retired police chief James Kobak as defendants. The suit seeks an unspecified amount in damages for excessive force on the part of Miller and Stronsgville police during the chase and shooting.
A phone call left for the Strongsville police chief was not immediately returned.
A Medina County grand jury cleared Miller of criminal wrongdoing in August.
Evans was driving was his family home after finishing a carpet installation job and a Strongsville police officer started pursing the van because the van’s headlights were off, according to BCI agents. Evans suffered from an unspecified mental illness and Pauley tried to tell him to pull over several times during the chase.
Evans refused, agents say. He rammed two police cruisers, including Miller’s, during the chase, the records say. Police put out spike strips that popped the van’s tires and then rammed the van to disable it.
Miller told investigators that he ran up to the van yelling for Evans to show his hands. He said he could see both of Miller’s hands while running up to the van; one was on the steering wheel and one on the gear shift.
As Miller approached, he claimed he saw Evans drop his right hand. He said he feared Evans was reaching for a gun and he thought Evans might still try to run him over, according to BCI.
“It was clear that this was going to be a fight and I thought for sure that he was coming up with a weapon,” Miller said. “So I took one shot at his chest hoping that would stop, actually I was quite surprised to find that he did not stop.”
BCI agents, noted that no dash-cam videos showed exactly what Evans was doing inside the car. Pauley told agents that Evans didn’t have enough time to say anything before Miller shot him.
The lawsuit says Strongsville police’s ramming of Evans’ van constitued excessive force. After Evan stopped, a Strongsville supervisor told all officers to stay in their cars and “follow felony call out procedures” rather than rush the van, the suit states.
“Despite the supervisor’s order, Officer Jason Miller and another Strongsville officer immediately exited their vehicles and rushed Evans’ van,” the lawsuit says.