Teen’s family files claim in fatal shooting by deputies
The family of Ryan Gainer, a 15-year-old boy with autism who was shot and killed by San Bernardino County sheriff ’s deputies outside his Apple Valley home earlier this month, has filed a wrongful death claim against the county, attorneys announced during a news conference on Thursday.
The claim, which signals that the family plans to sue the county, says legal action could focus on allegations of assault, battery, false imprisonment, negligence and intentional inf liction of emotional distress.
“Under no circumstances should a 15-year-old autistic boy with a gardening hoe be shot and killed without taking the time to calm the boy down before using deadly force,” John Burris, a civil rights attorney who is among the lawyers representing the family, said in a prepared statement. “The police conduct was unreasonable.”
About 40 family, friends and community members stood in front of the family’s Apple Valley home during Thursday’s news conference. Many were dressed in mourning black, and some held signs in tribute to the teen.
One such sign, which quoted Ryan, read, “Make sure you have a great day, be the spark, and make sure to spread kindness.”
Those on hand also displayed the 5-foot-long hula hoe, a gardening tool with a metal D-shaped fixture on the end for digging into dirt, that Ryan was reportedly holding when he was shot. Police have alleged that he had a garden tool with “a sharp bladed end.” Several people showed on Thursday that the hoe was worn and dull, with no sharp edges.
Ryan’s death has heightened concerns from activists about law enforcement’s use of force against people with autism or mental health issues.
“He was a super intelligent, kind, generous, respectable, thoughtful, funny, goofy, charismatic person, who always saw the good in people,” his family wrote on a GoFundMe page dedicated to collecting funds for his funeral expenses.
The San Bernardino County Sheriff’s Department did not respond to a request for comment Thursday afternoon.
Deputies responded to the Gainer family’s home on March 9 after Ryan had become upset that his parents demanded he complete his household chores before he would be allowed to play video games or listen to music on his computer.
A family member had called 911 for help, asking dispatch to send deputies to “take him in” because he was breaking glass and had hit his sister, according to a portion of the call released by the Sheriff ’s Department.
Before anyone arrived, Ryan had begun calming down and had apologized to his family, so his cousin made the family’s second call to 911 to say that they no longer needed help. But deputies were already en route, according to the claim.
Body camera video shows a deputy announcing himself at the front door, asking, “Where’s he at?”
The family’s claim says that startled Ryan, who began striding toward the door holding a hula hoe.
Video captured the deputy yelling, “Hey, get back! You’re going to get shot!” as Ryan approaches him.
Video from a second deputy’s body camera shows the first deputy pointing his gun and shooting at Ryan while running from the teen.
The second deputy, who had just arrived at the home, had his weapon drawn and also opened fire, video shows.
The deputies fired a total of three rounds, according to the Sheriff ’s Department.
The family’s lawyers argue that deputies with the agency, which had responded to the home five other times since January, should have been familiar with Ryan’s issues.
It is not clear how much information the two deputies had that day, but San Bernardino County Sheriff Shannon Dicus said that in several previous visits to the home, law enforcement had taken Ryan to a mental health facility at least once.
In a news conference on March 13, Dicus defended the deputies’ actions, saying they had been forced to make a split-second decision and had followed their training protocols.