Wrongful Death?: Lawsuit over 2014 shooting should play out in court

About 2 a.m. on Monday, Dec. 15, 2014, a Texas-side police officer responded to a frantic 911 call saying someone was trying to break into a house through a window in the garage.

The officer arrived on the scene and entered the garage. The suspect allegedly came at the officer with a metal object. The officer made the split-second decision to fire. The suspect was killed.

The metal object turned out to be spoon. According to police, it was held with the bowl in the suspect's hand. It could easily have been mistaken for a knife-and could have actually been used as a knife.

A witness backed up the officer's account of event. The Texas Rangers investigated. And a grand jury declined to indict.

The dead man's name was Dennis Grigsby Jr. He was 35 years old and, according to his mother in a story published Dec. 20 in this newspaper, a diagnosed schizophrenic. He lived with his mother directly across the street from where he was shot.

His family grieved. They said he was a gentle person and wouldn't hurt anyone. That's only natural.

But his mother also said doctors were working to stabilize his behavior through anti-psychotic medication. Now Grigsby's family is suing the officer involved, the Texas-side Police Department and the city in federal court. The suit claims the officer was improperly trained and used "excessive, unnecessary and unreasonable deadly force."

They want punitive damages and compensation for emotional distress, pain and suffering and other mental and emotional damage.

Eventually there will be a court date. Or a settlement before it gets that far. These kind of cases are often settled if the cost of doing so is less than the potential cost of a court case. The city could well decide to let the insurance pay up and move on. It's probably the most prudent thing to do.

In our view, though, this should play out in court.

To us-indeed, we think to most-it looks like the officer was doing his job. We think a jury will see it that way, too. The idea of someone trying to break into your house-a place where you and your family should be safe-resonates with all of us.

Grigsby, for whatever reason, was where he had no right to be, at an hour when his presence could only spark fear. The fact that he was mentally ill is sad, but has no bearing. The occupants of the house were frightened. They saw the intruder as a threat. The officer who responded to the 911 call saw him as an immediate threat and had only a few seconds to make a decision.

We expect the police to come to our rescue. That's what they are supposed to do. That's what all of us would want to happen if we were in that house, in that situation. And police officers have a right to protect themselves. We all understand that.

Grigsby's death was tragic. And it's quite possible that with his mental condition he was confused and did not understand what he was doing, what was going on. And, should this go to trial, the family will have the chance to bring forth any evidence that we aren't seeing, anything that backs up their claim. A trial is in their best interest if they really believe the officer did not handle the situation properly.

Right now, it doesn't look like the officer did anything wrong, or that any compensation is due. But the only way the public will know for sure is if both sides meet in court.

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