Edmond: Police justified in shooting
City files answer in federal lawsuit filed by parents over April shooting of unarmed, naked, black teenager
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.