City wants judge to dismiss lawsuit over shooting

Schizophrenic man holding spoon was killed by officer in neighbors' garage

This evidence photo shows the spoon Dennis Grigsby Jr. was holding when he was shot and killed by a police officer in a neighbor's garage in Dec. 15, 2014. The neighbors had called 911 and reported an intruder. The officer said Grigsby acted aggressively and was holding an object that appeared to be a knife. The shooting is the subject of a civil lawsuit.
This evidence photo shows the spoon Dennis Grigsby Jr. was holding when he was shot and killed by a police officer in a neighbor's garage in Dec. 15, 2014. The neighbors had called 911 and reported an intruder. The officer said Grigsby acted aggressively and was holding an object that appeared to be a knife. The shooting is the subject of a civil lawsuit.

The city of Texarkana, Texas, is asking a federal judge to dismiss a civil lawsuit stemming from an officer-involved shooting of a schizophrenic man shot while holding a spoon in his neighbor's garage.

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, two adults and seven children, 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 fired because Dennis Grigsby Jr. allegedly acted aggressively and was holding an object that appeared to be a knife, but turned out to be the stem of a spoon.

Grigsby's mother and father filed suit in the Texarkana Division of the Eastern District of Texas after a Bowie County grand jury declined to indict Lawing. The suit names Lawing, the city and Texarkana, Texas, Police Department as defendants. The defendants recently filed a motion asking that the case be dismissed. The plaintiffs are expected to file a response this week.

According to the motion for summary judgment, Grigsby turned to Lawing and said, "You better shut that light out of my face," when Lawing shined his flashlight on the mentally ill man in the dark garage. Grigsby's words were recorded by Lawing's body microphone, according to the motion.

"Grigsby's right arm was raised in an attack position and Lawing saw Grigsby holding a shiny metal object which Lawing believed to be the blade end of a knife. As Grigsby rushed around the vehicle and continued to approach, Lawing shouted 'Hey, set it down. Set it down, man. Set it down.' Grigsby ignored these commands and continued his approach to attack Lawing," the plaintiff's motion states. "Lawing stepped backwards to retreat but was unable to move because his feet were blocked by the bottom of the tarp. Grigsby continued to approach with his right hand raised in an attack position holding what Lawing believed to be a knife. Lawing feared for his life and when Grigsby reached a distance of three to four feet, Lawing acted in self-defense and fired one shot into Grigsby's chest."

After shooting, Lawing can allegedly be heard saying, "Lay it down buddy, lay it down," as he attempts to restrain Grigsby's wrists. Grigsby died in a local emergency room.

In previous filings, the Grigsby family lawyer, Derrell Coleman of Irving, Texas, alleged Lawing should have acted differently, that Grigsby was shot in the driveway and that the spoon could have been placed in his hand after the shooting. The defendants, represented by Bob Weber and David Glass of the Texarkana-based Smith Weber law firm, refute those claims in the plaintiff's motion for summary judgment.

The defendants claim Lawing went to the source of the threat as he was trained to do and that he perceived a deadly threat when he mistook the stem of a spoon for a knife in a darkened space. The defendants deny Grigsby was shot in the driveway and point to Lawing's command to Grigsby to "lay it down," as evidence Grigsby was holding an object.

Coleman is expected to file a response to the plaintiff's motion on Monday.

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