The family of a 30-year-old Black man who was fatally shot by a Clark County Sheriff’s deputy has filed a wrongful death lawsuit in federal court, arguing the county fails to train deputies “to use deadly force only as a last resort.”
The lawsuit, filed by Tacoma-based Herrmann Law Group in the Western Washington district on Feb. 17, alleges assault and battery, negligence, and deprivation of civil rights. The suit is in connection to the death of Jenoah Donald in February of last year who died following a traffic stop in Hazel Dell.
The lawsuit names Clark County, Clark County Sheriff Chuck Atkins, sheriff’s deputies Sean Boyle and Holly Troupe, and several unidentified county employees as defendants in the lawsuit. Boyle shot Donald during the traffic stop, while Troupe said she believed she saw a weapon in Donald’s vehicle, which was later identified as a screwdriver.
The plaintiffs in the suit include Susan Zawacky, who is Donald’s mother, and the mothers of Donald’s three children.
In July, the Washington Association of Prosecuting Attorneys released a report on the shooting where a panel of attorneys from across the state found Boyle acted in “good faith.”
At around 8 p.m. on Feb. 4, 2021, Boyle was the first to arrive near the area where police radio traffic indicated suspicious activity near a known drug house, the lawsuit stated. While waiting for backup, Boyle saw a car with a similar description to the one heard over the radio. The deputy noticed the car’s right brake light was out, so he stopped the car, which was occupied by Donald.
The lawsuit cites a 1999 court case which found “(a)n officer who lacks probable cause to pull over a citizen for suspicion of drug use cannot lawfully use defective equipment as a ‘pretext’ for stopping the citizen.”
The lawsuit noted Donald had “a talent for mechanical tinkering” and restored cars. The Mercedes Benz he was driving at the time of the shooting was his latest project.
When Troupe arrived at the scene she stepped up to the passenger side of the car while Boyle went back to his vehicle to check information. Troupe noticed an object, which she referred to repeatedly in an investigation interview as a weapon, though photos later showed it was a standard screwdriver, the lawsuit states.
Boyle returned to Donald’s vehicle when he heard tension in Troupe’s voice, according to the lawsuit. Boyle opened the door and told Donald to get out of the car.
When Donald didn’t immediately comply, “(w)ithout further request or explanation, the deputy immediately reaches into the car and grabs Mr. Donald and attempts to physically drag him out,” the lawsuit states. Troupe went around to the other side of the vehicle to assist Boyle, as she grabbed Donald’s jaw and lifted his head in a “pain compliance” technique.
“Donald does not fight back, but passively resists,” the lawsuit states.
A release from the law firm that announced the lawsuit noted Donald was on the autism spectrum and “was prone to withdrawal in stressful situations.”
Boyle threatened to release his K-9 on Donald and punched Donald in the face, after which Donald grabbed Boyle’s vest, the prosecutors’ investigation stated. The lawsuit argues Donald passively resisted throughout the ordeal. Deputy Greg Agar, who had then arrived at the scene, said he saw Donald use his feet to kick or push Boyle away from him.
Troupe said she recalled Boyle’s order telling Donald to exit the car or he would shoot him, the lawsuit states.
Donald reportedly turned Boyle so he could not reach his Taser and then Donald started the car, the prosecutors’ report stated. The lawsuit questioned whether Donald actually restarted the car, alleging Boyle “apparently neglected to have Mr. Donald turn off the vehicle and/or remove the ignition keys.”
“(I)t’s implausible that Mr. Donald could pick up the keys and re-start the engine while resisting active force of two deputies,” the lawsuit stated.
As the car rolled forward, Boyle drew his gun and fired at Donald. The first round hit the outside pillar between the front and back seats, while a second shot hit Donald in the head.
Boyle said he feared he was going to be dragged by Donald as the car rolled, though the lawsuit disputes that.
“Evidence, however, indicates the deputy was standing outside the vehicle when he shot his weapon,” the lawsuit argues. “He admits his feet were ‘planted on the ground’ and the first bullet strike is on the outside of the pillar.”
The lawsuit also disputes that Donald had a hold of Boyle’s vest at the time of the shooting, stating neither Troupe nor Agar reported Donald had hands on the vest.
After Donald was shot, the car continued to roll into a yard and knocked over a fence. After being transported to a hospital, Donald died seven days later.
The lawsuit mentions two other fatal shootings by sheriff’s deputies. They include that of Kevin Peterson Jr., who was shot while running away after a drug sting in October of 2020, and of off-duty Vancouver Police Department Officer Donald Sahota, who was mistakenly shot by a sheriff’s deputy at his Battle Ground home after a robbery suspect arrived at his property in January of this year.
The lawsuit states Clark County fails “to supervise and adequately train officers on de-escalation techniques, non-lethal tactics, the decision making-process preceding use of deadly force, and how to interact with citizens suffering from behavioral health issues such as autism.”
Mark Lindquist, the attorney for the family, stated “this is a bigger issue than one or two officers” in the release.
Donald’s family previously filed a wrongful death tort claim against the county. That claim asked for $17 million, while the federal lawsuit does not identify a dollar amount.
“Our hope is that truth and justice prevail, people are held accountable and things change,” Donald’s mother, Zawacky, stated in the release.
