SEATTLE — Attorneys for Clark County were in court on Wednesday afternoon, pushing for a case to be dismissed. It involves a deputy who fatally shot a 30-year-old man on Feb. 4, 2021.
A panel of prosecutors reviewed the case to see if criminal charges were warranted and found the deputy was justified in his use of force.
Family members of Jenoah Donald filed a wrongful death lawsuit. Attorneys for Donald’s family said Donald was unarmed when he was pulled over by Deputy Sean Boyle for a defective taillight and loud exhaust and that Boyle told him to step out of the car.
"Jenoah is on the autism spectrum, and so he didn't immediately respond to the deputy's commands, and the deputy without further conversation punches him in the face and breaks his nose,” said attorney Mark Lindquist, who added that the deputy should have de-escalated the situation.
"He goes inside the car to wrestle with the victim which is against policy and common sense,” said Lindquist.
According to Lindquist, when Donald’s car started rolling slowly forward, Boyle stepped back and shot at Donald twice.
Attorneys for Clark County describe a different scenario, claiming Donald fought the deputy, grabbed onto his vest, and the car started moving forward, dragging the deputy with it. Boyle fired his gun, hitting Donald once in the head. A week later, the 30-year-old died at the hospital.
"There is a vast difference between the standard of proof necessary for criminal charges and the standards necessary for civil liability,” Lindquist said. "One of the frustrations here for Jenoah's mother is that she keeps hearing about Clark County making the same mistakes. She wants justice for her son, but she also wants Clark County to clean up their act."
The sheriff’s office said they cannot comment on the lawsuit.
There is no video of the incident because at the time, Clark County was not using body-worn cameras. That has since changed. As of this year, all patrol units are equipped with those cameras.
The judge is expected to issue her decision about today’s hearing soon because the trial is scheduled to begin April 22.