Expert says officers’ fatal shooting of man ‘reasonable’
The last of several expert reports indicating that four police officers acted reasonably in the chase that led to the death of Kermith Sonnier Jr. was filed this week in federal court. Emanuel Kapelsohn, president of Peregrine Corp., authored the 28-page report on behalf of Autumn Fike. Sonnier’s father, Kermith Sonnier Sr., sued her, along with H. Dennis Field, Josh Mrosko and Mark Costello.
The 37-year-old Denbeau Heights man was shot and killed after a pursuit that started in the village of Century in Brownsville Township on May 5, 2004. Inquest testimony indicated that Sonnier Jr. tried to run the officers down on a narrow dirt trail in his full-size truck.
Fike and Field had to defend themselves by firing at the truck, inquest jurors ruled. One shot hit Sonnier in his left upper back, and he died of blood loss when major veins in his upper chest were hit.
Kapelsohn wrote that the officers were and should have been cognizant that Sonnier’s truck was a deadly weapon.
“Police officers are taught and are, in my experience, universally aware that any motor vehicle the size of Sonnier’s pickup truck is capable of causing death or serious bodily injury,” he wrote.
He wrote that all four officers “had to dive out of the way or run for their lives to keep from being struck and in all likelihood killed or maimed by Sonnier’s speeding truck.”
Kapelsohn wrote that the use of force policies for both Brownsville and Redstone Township police were met in the incident. Fike worked for Brownsville and Field and Mrosko for Redstone. Costello worked for Centerville Borough. The report also indicated that Sonnier committed several felonies when he fled from police and intentionally rammed marked police vehicles.
Kapelsohn’s report indicated he is a law enforcement firearms instructor, use-of-force instructor and consultant for issues of use of force and agency policies relating to law enforcement.
The shooting occurred as Sonnier went to a dead end on the trail and turned around to head back toward the officers. He first encountered Fike and Costello, who both dove out of the way to avoid being hit, according to Kapelsohn’s report and prior inquest testimony.
Fike’s gun discharged as she dove against the embankment. Sonnier continued to head toward Field and Mrosko, who were on the trail. Field fired his gun, and Kapelsohn wrote that it was one of those bullets that hit Sonnier.
Kapelsohn estimated that it took between 1.4 and 2 seconds for Sonnier to go from Fike to Field.
“I find it significant that not one, but two police officers, in two separate locations each felt it necessary to fire at Sonnier in defense of themselves and others, despite that fact that Field never heard Fike’s shot and did not know she had fired, nor did Fike know, when she fired that Field would later fire,” he wrote.
The report noted that even after Sonnier tried to run down the officers, they still took care to help him once they realized he had been shot.
“This is hardly indicative of malice-driven police, excessive force or police officers who are not in control of their tempers, emotions or actions,” he wrote.
He found their actions were reasonable, and kept with both state and individual department police practices.
“The death of Kermith Sonnier, while regrettable, did not result from any use of excessive force against him by the police. Instead, Sonnier himself forced the police to use the force they used, including ultimately firing their handguns at him” by his actions.
Kapelsohn’s report is one of several filed in the case by both sides. Those fired by Kermith Sonnier Sr. have claimed that police used excessive force and unfairly targeted his son.