Oregon lacrosse player shot five times by police after escaping knife attack by brother
Maverick Lyon, a college lacrosse player from Albany, Oregon, was shot at least five times by police after escaping a knifepoint hostage situation involving his brother. He has filed a federal civil rights lawsuit alleging excessive force.
Oregon student sues police after being shot five times while fleeing brother's knife attack
A college lacrosse player from Albany, Oregon, has filed a federal civil rights lawsuit alleging that police shot him at least five times after he escaped a knifepoint attack by his own brother — despite having dropped his knife and complied with officers' commands, nbcnews.com reports.
Maverick Lyon was at the family home on 6 January when his older brother, Dakota, who had relapsed into drug use, took him hostage at knifepoint. His father, David Lyon, spotted the confrontation on a home security camera and called Albany police.
During the standoff, Maverick grabbed a second knife in self-defence and managed to flee through the back door. According to the lawsuit, filed Wednesday by attorneys with Stritmatter Law, officers shot him at least five times in the chest, back and face after he had come outside and dropped the knife.
"When Maverick did as instructed, Albany Police officers shot Maverick at least five times in the chest, back, and face after he had dropped the knife, came outside, and presented no threat," the lawsuit states.
Maverick spent four weeks in hospital. Surgeons removed half of his right lung, his spleen and his appendix, and performed extensive reconstructive surgery on his digestive system, according to a statement from his attorneys.
Family had sought help the day before
The lawsuit details a sequence of events beginning on 5 January, one day before the shooting. David and Laura Lyon had contacted a Benton County probation officer to report that their elder son, Dakota, was "acting dangerously toward family members" and had relapsed into drug use. They asked the county to take Dakota into custody. The county declined.
The following morning, David Lyon called 911 after Dakota's behaviour escalated to holding Maverick hostage inside the home.
According to the suit, Albany police surrounded the house and were able to see both brothers through a window. Maverick was mouthing the words "help me" to officers outside. The lawsuit also alleges that police already knew Dakota Lyon and were aware that Maverick was the victim.
After Maverick was shot and fell to the ground, officers "yelled at Maverick to roll over and submit to handcuffing while Maverick was on the ground bleeding," rather than immediately providing medical assistance, the suit alleges.
The Albany Police Department said at the time that its officers responded to a domestic disturbance and encountered a person with a knife. Two officers fired their weapons, striking that person. The department added that officers "immediately rendered medical aid until emergency personnel arrived."
District attorney ruled shooting justified
Benton County District Attorney Ryan S. Joslin previously determined that the shooting was justified following an investigation. Joslin said the officers' decision to fire "was based on an objectively reasonable belief that to do so was necessary in order to protect their own lives or the lives of fellow officers."
"The decision must be made in light of what the officers knew and perceived leading up to and at the exact time their decision was made," Joslin said. "In this case, the officers, in real time, had only fractions of a second to decide how to act."
The district attorney's office did not immediately respond to a request for comment on the lawsuit.
Benton County said it does not comment on pending litigation. The city of Albany, also named as a defendant, did not respond to a request for comment.
Brother sentenced to more than six years
Dakota Lyon was subsequently sentenced to more than six years in prison for his role in the incident. According to Eugene broadcaster KVAL-TV, he acknowledged his responsibility in the case. His attorney said Dakota Lyon had expressed that he wished he could have taken the bullets in place of his brother.
Parents speak out
David and Laura Lyon issued a statement expressing support for their son's lawsuit.
"I have always believed that when you call 911, help is coming. I never imagined that making that call would leave me wondering if my son was going to survive," they said.
"Our family has been through something no family should ever have to experience. I called the police that day because I wanted to protect Maverick, and instead, the very people I called for help ended up nearly taking his life," they added.
The couple said they want accountability and systemic change. "We cannot change what happened that day, but we want answers, accountability, and changes that help prevent another family from experiencing the pain ours has. Most importantly, we want Maverick to have every opportunity to heal, move forward, and live the life he deserves."
The lawsuit alleges excessive force, battery, negligence and violation of Maverick Lyon's Fourth Amendment rights. It seeks a jury trial and damages.
Source: Google News MT — Crime (en)