Officers dismissed from suit over shooting death
A federal court judge in Pittsburgh dismissed three municipal police officers from a civil lawsuit brought on behalf of Kermith Sonnier Jr. and dismissed parts of the case brought against a fourth. U.S. District Judge Terrence F. McVerry found that there was no evidence to support the civil case lodged against officers Autumn Fike, Josh Mrosko and Mark Costello. However, McVerry found that it was for a jury to determine if officer H. Dennis Field used excessive force when he fired at Sonnier’s full-size truck as it sped toward him and other officers on an all-terrain vehicle trail.
Sonnier, 37, of Denbeau Heights was shot and killed after a pursuit that started in the village of Century in Brownsville Township on May 5, 2004. Testimony at a 2005 inquest indicated that Sonnier tried to run down Field, Fike, Mrosko and Costello on the narrow trail.
Field, a veteran officer, fired a shot at the truck, according to testimony. That bullet hit Sonnier in his left upper back, and he died of blood loss when major veins in his upper chest were hit.
A panel of coroner’s jurors who heard testimony during an inquest cleared all four officers of responsibility, but Sonnier’s father filed a lawsuit against all of them in January 2005.
Fike reportedly saw Sonnier in the area the day before and asked him to leave. When she saw him the next day, prior testimony indicated she tried to initiate a traffic stop, but Sonnier drove off.
He reportedly fled through Brownsville and eventually returned to the dirt roads of Century.
Police pursued him on foot, and testimony has indicated that Sonnier drove down a dead-end, turned around and headed back toward the officers.
McVerry found that police are able to use deadly force to prevent escape if an officer believes that the suspect poses a threat of serious physical harm.
He found that as the officer who fired the fatal shot, a jury was entitled to hear about Field’s conduct and decide if he used excessive force.
“A reasonable jury could conclude that officer Field used excessive force. The jury could conclude that he shot Sonnier after the truck had passed him and no longer posed a danger to officers or others,” McVerry wrote. “At trial, officer Field will have a full opportunity to convince the fact finder (jurors) that he had probable cause to believe that Sonnier posed a danger to himself or others such that his use of deadly force was reasonable.”
McVerry indicated the other three officers were entitled to summary judgment because it was “undisputed” that Field fired the fatal shot.
Although Sonnier Sr.’s attorney, Joel Sansone, also alleged that the officers denied Sonnier Jr. medical care, McVerry found that was not the case and dismissed the claim with regard to all four officers.
“There is no material dispute of fact from which a reasonable jury could find deliberate indifference.”
McVerry noted that when police realized Sonnier had been shot, they tried to control the bleeding and immediately called for an ambulance.
He wrote that the police “cannot be held responsible for matters beyond their control, such as the time it took for the ambulance to arrive on scene or the time it took the ambulance to reach the hospital.”
Fike, Mrosko and Costello all expressed relief at the ruling and their continued support for Field.
“I’m delighted that it’s over. It’s been very stressful on my family, especially my children, and I look forward to finishing out my career at this point,” Fike said.
Mrosko maintained that police acted appropriately on May 5, 2004.
“All four of the officers involved acted as we were trained to do in the field of law enforcement,” he said.
Costello agreed, noting he believes Field also should be released from the suit. He said all of the officers “acted within their scope of employment, which is to protect the safety of others, and to enforce the laws of the commonwealth.”
In addition to ruling on the dismissal request, McVerry also ordered the Greenbrier Treatment Center to turn over records of Sonnier Jr.’s treatment.
The judge also precluded some testimony from experts hired on Sonnier’s behalf. Jurors will not hear any testimony about what one expert claimed was a flawed investigation of the shooting by state police.
They also will not hear testimony that there was a delay in getting Sonnier Jr. medical care.
“There was no significant delay by officers in summoning emergency care,” McVerry found.