Ryan Gainer, Apple Valley autistic teen boy shot dead by San Bernardino, California cop after charging at him with gardening tool during mental breakdown. Could the boy’s death have been averted as boy’s family consider suing California police.
Another day in vigilant policing. Released body-cam video has revealed a California deputy shooting dead a 15 year old autistic boy charging at him with a gardening tool.
The episode has ignited debate as to the rigors of policing and the boundaries of acceptable police behaviour, especially when responding to those exhibiting mental breakdowns.
The incident which took place just before 5p.m Saturday followed police receiving a call about a domestic disturbance in Apple Valley, according to the San Bernardino County Sheriff’s Department.
‘Hey, get back! Get back, or you’re gonna get shot!’
The caller reported that 15-year-old boy, Ryan Gainer was attacking his sister and smashing up glass and doors at the family home.
The first deputy on the scene was confronted by the teen , described as being armed with a 5-foot-long garden tool ‘with a sharp bladed end.’
Body camera video shows Gainer, dressed in a teal jumpsuit, bolting out of the house while clutching the tool in both hands and seemingly lunging at a deputy pointing a gun at him.
‘Hey, get back! Get back, or you’re gonna get shot!’ the deputy is heard yelling.
Officials said ‘the deputy retreated and Gainer chased the deputy in an attempt to assault him with the bladed end of the tool.’
The sheriff’s department stressed that the boy attacked the deputy ‘without provocation.’
Police overkill?
After Gainer allegedly ignored the deputy’s commands, the officer opened fire and struck the teen.
Gainer was administered first aid and taken to a local hospital, where he died from his injuries.
A department spokesperson said it would not be releasing full body-camera footage on Monday and declined to say where Gainer was shot, how many bullets were fired and if multiple deputies had shot him. The spokesperson also declined to name the deputies on scene and said the case was still under investigation.
That hasn’t stopped the boy’s family from now exploring a lawsuit against the police department according to the Guardian.
‘There are great questions as to whether it was appropriate to use deadly force against a 15-year-old autistic kid who was having an episode,’ said DeWitt Lacy, a civil rights lawyer representing the family. ‘We need to see the video and the moment of the shooting … but it doesn’t seem like anyone was in imminent danger of death or great bodily injury.’
Social media responds
Lacy said it appeared Gainer was potentially hit with three bullets, including in his torso and abdomen. He said he was concerned that the department had refused to disclose the footage of the final moments of the shooting and the aftermath: ‘We understand the gamesmanship that is involved when municipalities error and kill people unnecessarily.’
The family also reported that the deputies delayed helping Gainer after he was shot, Lacy said. He said: ‘They have to give medical aid to this 15-year-old they just shot and it certainly seems they failed to do that.’ The sheriff department’s initial press release said deputies ‘quickly rendered medical aid’ before paramedics arrived.
Lacy said the family also reported that after the shooting, the family was forced out of the home while officers ‘rummaged through their house looking for any justification for shooting and killing Ryan.’
Several neighbors told the Victorville Daily Press that Gainer was autistic and well-known in the community.
The sheriff’s department is continuing to investigate the shooting.
‘Our social safety net for those experiencing mental illness needs to be strengthened,’ Sheriff Shannon Dicus said in a statement.
‘Our deputies handle seemingly insurmountable calls daily. Most of these calls do not end in violence. However, this one ended in tragedy for Ryan, his family, and for the deputies who responded.’
The sheriff defended the deputy’s actions, while noting the decision to open fire ‘awful in terms of humanity.’
‘Rapidly evolving, violent encounters are some of the most difficult, requiring split second decisions,’ the official said.
‘I feel for both Ryan’s family and my deputies who will struggle with this for their entire lives.’
And then there were these comments on the web below that caught this author’s attention. See what you think?
‘Why aren’t police required to use stun guns and or pepper spray when they can clearly see the assailant is armed with something other than a gun???’
‘A weapon is a weapon, mental acuity has nothing to do with it.’
‘Why not aim at the leg or some other body part like they do in other civilized parts of the world?’
‘Sad for the kid and the family. he was running right at the cop. no time for a taser. tragic for both the kid and the cop. No cop wants to have to do that.’
‘Kudos to the deputy! Job well done!’
‘Good shoot.’