Sound Decision

Outcome was sad, but officer should not be punished for doing his duty

About 2 a.m. on Monday, Dec. 15, 2014, a Texas-side police officer responded to a frantic 911 call saying someone was trying to break into a house through a window in the garage.

The officer arrived on the scene and entered the garage. The suspect allegedly came at the officer with a metal object. The officer made the split-second decision to fire. The suspect was killed.

The metal object turned out to be spoon. According to police, it was held with the bowl in the suspect’s hand. It could easily have been mistaken for a knife.

A witness backed up the officer’s account of events. The Texas Rangers investigated. And a grand jury declined to indict.

The dead man’s name was Dennis Grigsby Jr. He was 35 years old and a diagnosed schizophrenic. He lived with his mother and stepfather directly across the street from where he was shot.

Grigsby’s family filed a lawsuit against the officer involved, the Texas-side Police Department and the city in federal court.

On Monday a federal magistrate recommended the suit against the officer be dismissed.

U.S. Magistrate Judge Caroline Craven of Texarkana said the officer had qualified immunity and there was no evidence he used excessive force or that the shooting was unreasonable.

Judge Craven said the law takes into account that officers must sometimes face life-or-death situations where a quick decision is called for. The plaintiffs can challenge the recommendation, of course. Then it will be up to U.S. District Judge Robert Schroeder II to make the final call. The police department and city are still defendants in the suit, but should the action against the officer be dismissed both could be off the hook as well.

Judge Schroeder will make his own decision, of course, but Judge Craven’s recommendation is sound.

Grigsby had no right to be at that house, especially at an hour when his presence could only spark fear. The fact that he was mentally ill is sad, but has no bearing. The occupants of the house were frightened. They saw the intruder as a threat. The officer who responded to the 911 call saw him as an immediate danger and had only a few seconds to make a decision.

In other words, the officer did his job as we—and we imagine most readers—would like him to do if something similar happened at our own homes. And he should not be penalized for doing his job.