The Oklahoman

Edmond: Police justified in shooting

City files answer in federal lawsuit filed by parents over April shooting of unarmed, naked, black teenager

- By Tim Willert Staff writer twillert@oklahoman.com

EDMOND—Police" justifiabl­y shot" a naked, unarmed teenager after he was "ineffectiv­ely tasered," the city of Edmond claims in response to a civil rights lawsuit filed by the victim's parents.

Edmond' s answer, filed Wednesday in Oklahoma City federal court, also contends the actions of the officers "were not based upon and do not differenti­ate among the races of various citizens."

"Edmond denies that it violated any constituti­onal rights and denies it is liable to Plaintiffs (in any capacity) for the death of Isaiah Mark Lewis," the city's legal filing stated.

Lewis, 17, was naked and unarmed when police shot and killed him April 29, the legal filing acknowledg­es. Police said Lewis broke into a home and assaulted officers who had followed him inside and use of a Taser didn't stop him.

The officers involved, Sgt. Milo Box and officer Denton Scherman, were put on administra­tive assignment pending the outcome of an investigat­ion into the shooting. The filing indicates publicly for the first time that Scherman fired

the fatal shots. He was hired by the department on Sept. 10, seven months before the fatal shooting.

“Edmond admits that Isaiah Mark Lewis was justifiabl­y shot by a service weapon after being ineffectiv­ely tasered,” the filing stated .“Edmond also admits that Isaiah Mark Lewis was naked and unarmed when he was shot and that verbal commands were given to Isaiah Mark Lewis prior to the shooting.”

The city claims in its response that Box“legally properly and justifiabl­y ta se red Isaiah Mark Lewis while inside the aforementi­oned residence .”

In May, Lewis' parents filed a federal civil rights lawsuit against the city of Edmond and the two officers involved in the shooting. Attorneys alleged in the lawsuit that the officers' actions violated Lewis' rights under the Fourth Amendment to be secure in his person against unreasonab­le seizure and his right to due process under the Fourteenth Amendment.

The lawsuit identifies Lewis as African American. It specifical­ly alleges that Edmond police have a culture of intentiona­lly treating African Americans differentl­y.

Attempts to reach the family's attorneys on Wednesday were not successful.

A news conference to announce the lawsuit was attended by several dozen people, including Lewis' family and representa­tives from the NAACP and Black Lives Matter. At the event, family attorney Andrew M. St roth said Lewis was experienci­ng a mental health breakdown when officers “unjustifia­bly” shot him.”At that moment in time, instead of helping him and assisting him and bringing him safely into custody, he was shot and kill ed,” Stroth said. “… A mother and father lost their son. Four brothers lost their brother.”

Lewis suffered four gunshot wounds to his face, thighs and groin, according to the autopsy report. Toxicology results included in the report show Lewis had detectable amounts of a common antihistam­ine, diphenhydr­amine, and THC, the active ingredient of marijuana. In the days following his death, some speculated that Lewis' erratic behavior might have been attributed to PCP, but no traces of the drug were found in his system, according to the report.” The autopsy report supports our theory that Isaiah Lewis, an unarmed and naked black teenage boy was unjustifia­bly shot and killed by Edmond police officers,” Stroth said at the time. “He did not have any significan­t substances in his system and sustained multiple gunshots. We believe that the mayor, city manager, chief of police and the two officers should be held accountabl­e for the tragic death of Isaiah .” Edmond police have turned over their investigat­ion to Oklahoma County District Attorney David Prater. He has not yet decided whether the officers' actions were warranted under the law.

Newspapers in English

Newspapers from United States