Citizen Report No. 1652554605 - 1284629060

EXECERPT FROM FEDERAL COURT CASE OUT OF THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA 

CASE # CIV-19-298-RAW - 1983 CIVIL RIGHTS ACTION

"Plaintiff alleges that on the night of March 3, 2018, Officer Hensley and Deputy Jones came to his residence to perform a welfare check. At around 1:00 a.m., they arrived in separate vehicles. They both knew that Plaintiff lawfully owned and possessed firearms. They both arrived without their police sirens or police lights activated. Neither of them ever activated their police sirens or lights. They could have, but they did not attempt to reach Plaintiff by phone or contact his close family member who lived directly across the street. 5 Neither Officer Hensley nor Deputy Jones announced their presence as police officers before or while they were knocking on the door of Plaintiff’s home. They shined flashlights through the windows of Plaintiff’s home. Plaintiff was asleep when they knocked loudly and called out his name. Plaintiff believed they were potential intruders and feared for his life and property. Plaintiff was unable to see Officer Hensley or Jones through his windows or when he opened the door of his home, as it was dark, they were not standing in front of his door, and a light was shining directly at him. Plaintiff answered the door armed with a pistol, but he did not point it directly at Officer Hensley or Deputy Jones. Plaintiff never fired the pistol and never stepped outside of his home while armed. Officer Hensley and Deputy Jones did not order Plaintiff to drop his weapon and did not identify themselves as police officers performing a welfare check. At or around 1:18 a.m., without warning, Defendant Hensley fired three shots at Plaintiff, striking him in the arm and torso from the front and striking his refrigerator and other locations inside his home. Plaintiff was severely wounded in his abdomen and right arm. He was transported by ambulance to Mercy Hospital in Ardmore and then by helicopter to Medical City in Denton, Texas. Plaintiff was charged with felonious pointing of a firearm under 21 OKLA. STAT. § 1289.16, but the charges were dismissed because Plaintiff’s conduct was lawful. Plaintiff alleges that Deputy Jones had time, but that he failed to intervene to stop Officer Hensley from shooting Plaintiff. Plaintiff further alleges that Deputy Jones intended to and would have shot him if Officer Hensley had not done so. Plaintiff alleges that at no time did he pose an immediate threat of serious physical harm to Officer Hensley or Deputy Jones. Plaintiff 6 further alleges that little or no force could have been used by Officer Hensley and Deputy Jones to gain control of the situation. Officer Hensley’s body cam was not on, and he knew of previous malfunctions of his body cam. The City was aware that one of the purposes of body cams was to discourage officers from engaging in unconstitutional conduct. The City and Chief Oldham knew that Hensley’s body cam did not function properly and did not attempt to provide Officer Hensley with a consistently functioning body cam. Deputy Jones was not wearing a body cam. Plaintiff alleges that Chief Oldham was personally responsible for training Officer Hensley and establishing polices and customs in accordance with law. Plaintiff alleges that the actions of Officer Hensley on the night of March 3, 2018 are proof of the inadequate policies, customs, practices, training, and supervision by the City and Chief Oldham. Plaintiff alleges that Sheriff Bryant was personally responsible for training Deputy Jones and establishing polices and customs in accordance with law. Plaintiff alleges that the actions of Deputy Jones on the night of March 3, 2018 are proof of the inadequate policies, customs, practices, training, and supervision by the County and Sheriff Bryant."

CIV-19-298-RAW ORDER