The parents of a schizophrenic man who was shot and killed by a Texarkana, Texas, police officer in December 2014 are suing the officer, the police department and the city of Texarkana, Texas, in federal court.
Dennis Grigsby Jr., 35, was killed with a single shot about 2 a.m. Dec. 15, 2014, by Texas-side police officer Brent Lawing. Dennis Grigsby Jr. was barefoot, wearing pajamas and holding a metal spoon in the garage of a family who lives directly across the street from his mother on Page Street. The garage was not secured with typical doors, but the openings were covered with tarps.
The family living in the house called 911 and frantically asked for help after hearing noise and seeing a man in their garage. Lawing was the first officer on the scene and reportedly shot because Dennis Grigsby Jr. allegedly acted aggressively and was holding an object that appeared to be a knife.
Evelyn Grigsby said in a 2014 interview she believes her son woke in the night and became disoriented because doctors were working to stabilize his mental illness with different medications. Dennis Grigsby Jr. had wandered away before and had never behaved violently, Evelyn Grigsby said.
A Bowie County grand jury declined to hand down a bill of indictment for Lawing when it considered the case Oct. 22, 2015, Bowie County District Attorney Jerry Rochelle said. That means the grand jury found no probable cause exists to charge Lawing with a crime.
Evelyn Grigsby and Dennis Grigsby Sr. filed a complaint Jan. 29 in the Texarkana Division of the Eastern District of Texas with the help of attorney Derrell Coleman of Gun Barrel City, Texas. Coleman did not return calls for comment last week. Texarkana lawyer Jeff Lewis, who represents the city, said he can't comment on pending litigation.
The suit accuses Lawing of using "excessive, unnecessary and unreasonable deadly force" and accuses the city and the police department of failing to properly and adequately train Lawing.
"Including, but not limited to, how to approach dark areas, calling for backup officers, assessing the risk of harm to himself and others, communicating with members of the public, communicating with black men, knowing the difference between a spoon and a knife, and how to avoid killing unarmed men with mental illnesses," the complaint states.
Lewis provided a copy of an attorney general's opinion dated July 10, 2015, which states certain information in the city and police department's possession is not subject to a Freedom of Information request, in response to a request from the Gazette for copies of investigative reports and the video and audio recording made by Lawing's dash camera the night of the shooting.
According to a Jan. 29, 2015, press statement from Texarkana, Texas, Police Department, Dennis Grigsby Jr. was holding the bowl of the spoon in his fist with the handle sticking out as if it were a knife. Lawing was cleared to return to work the same month.
The Grigsbys are asking for an award of exemplary and punitive damages "that is sufficient to punish defendants, to serve as an example to others and as a deterrent of future conduct." The complaint also seeks recompense for their and their son's emotional distress, pain and suffering, and other mental and emotional damage associated with the "untimely and violent death of their son."
The case has been assigned to U.S. District Judge Robert Shroeder III. No hearings are currently scheduled in the case.