A Tacoma man serving prison time has sued the City of Tacoma, alleging a police sergeant acted recklessly and negligently two years ago when he shot the man five times.
The shooting left Tyler McDonald, 21, with “horrific physical injuries” and deprived him of his civil rights, the lawsuit claims. The suit, filed Sept. 23 in U.S. District Court in Tacoma, follows a $20 million claim McDonald filed this summer.
The suit also names police Sgt. Darren Kelly, who shot and wounded McDonald on July 30, 2009, in a house in the 6300 block of North Hale Street.
At the time, McDonald was wanted on a vehicular assault warrant after a crash that permanently injured a skateboarder. He also was a suspect in the shooting of his then-girlfriend at a University Place fast food restaurant.
McDonald’s parents called 911 on July 30 after finding a despondent McDonald on the deck of their home. He said he wouldn’t turn himself in and would rather kill himself.
McDonald left the house. Kelly and two other officers were sent to the area to check on him.
The lawsuit states McDonald’s parents reported he had no weapons, was threatening to harm himself and might be headed to a friend’s house on North Hale Street.
The officers went to the house and split up. Two officers knocked on the front door, drew their guns and announced they were with the police department, according to the suit.
Kelly went to the backyard and found McDonald’s friend in a room. The friend said McDonald had been at the home but left before the officers arrived, the lawsuit states.
Kelly searched the house, bypassing two children in other rooms, and found McDonald in a darkened room. The lawsuit alleges Kelly yelled McDonald’s name but didn’t identify himself or say he was a police officer.
Kelly repeatedly ordered McDonald to show his hands, then shot him five times. The lawsuit states McDonald was complying.
“Sgt. Kelly stated that he thought the wallet in Tyler’s hand as he raised his hands was a weapon,” the suit states. “A black wallet was located on the ground next to Tyler.”
McDonald, who suffered permanent disfigurement and scarring, cannot walk without extreme pain, the suit states.
He was convicted of vehicular assault and third-degree assault in the shooting of his then-girlfriend. He was sentenced to three years, five months in prison. He is serving the sentence at the state penitentiary in Walla Walla.
He also faces a lawsuit. His ex-girlfriend has sued him in Pierce County Superior Court over her shooting at the restaurant.
The Police Department’s review board, composed of two citizens, two police administrators and two union representatives, reviewed the shooting and unanimously ruled it was reasonable and within department policy.
In the board’s report, a synopsis of the shooting stated Kelly entered the house to “prevent a situation where Tyler McDonald could barricade himself in the residence and/or create a hostage situation.”
The report, which is based on a review of the investigation into the shooting and interviews with those involved, described McDonald as moving around and concealing his hands. He ignored Kelly’s commands, then assumed a shooting stance with a dark object in his hands.
“During his interview, Sergeant Kelly stated he believed Tyler McDonald was armed with a weapon and intended on shooting him in the head,” the report states.
Stacey Mulick: 253-597-8268
stacey.mulick@thenewstribune.com
blog.thenewstribune.com/crime
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