Ethermac Exchange-Family of autistic California teen killed by deputies files wrongful death claim

VICTORVILLE,Ethermac Exchange Calif. — The family of Ryan Gainer, a 15-year-old boy with autism who was fatally shot by California sheriff’s deputies earlier this month, has filed a wrongful death claim against San Bernardino County, the family's attorneys announced Thursday.

Attorneys representing the Gainer family held a news conference Thursday at the family's home in Apple Valley to raise questions about how deputies dealt with the situation and addressed the loss the family is experiencing in the wake of the shooting. The wrongful death claim, which is a predecessor to a lawsuit, was filed last week and includes allegations against sheriff's personnel such as assault, battery, false imprisonment, negligence, and intentional infliction of emotional distress.

Under state law, county representatives have 30 days to respond to the claim, which sought unspecified damages.

Gainer was killed on March 9 after the San Bernardino County Sheriff’s Department responded to a call reporting that the teen was assaulting family members and damaging their property. Body camera footage released last week showed deputies firing at Gainer after he ran at them with a bladed garden tool.

"Under no circumstances should a 15-year-old autistic boy with a gardening hoe be shot and killed without taking the time to calm the boy down before using deadly force," attorney John Burris said. "The police conduct was unreasonable."

What happened on March 9?

The Gainer family's attorneys said the family disturbance began with a dispute over whether Gainer would be allowed to listen to music and play video games before doing his chores. Deputies were told Gainer was assaulting family members and had smashed a window at the family home.

But Gainer's cousin, who was at the home, later called back the sheriff's department and told authorities that the situation was under control prior to their arrival, the attorneys said.

"Once a call was made that the situation was under control, the officers should have backed off," Burris said. 

Around 4:50 p.m. local time, two deputies shot and killed Gainer as he charged toward one of them with a bladed gardening tool raised above his head, according to sheriff's officials.

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Sheriff's department responded family home 5 previous times

San Bernardino County Sheriff Shannon Dicus has defended the actions of the deputies as legal, but also said the shooting was a "tragedy" for everyone involved.

The deputies responded as they were trained to under the circumstances that presented themselves in the moment, Dicus said. He also decried what he called a weak social network that has failed to meet the needs of people with mental health challenges.

The sheriff's department had responded to the family home five previous times leading up to the shooting, according to sheriff's officials and the family attorneys. Each of those encounters ended with Gainer being taken for mental health treatment, and none involved violence.

Attorney DeWitt Lacy said the deputies should have been better prepared to deal with Gainer. "The deputy presented as a threat and definitely escalated (the) situation," he said.

"Ryan was not a demon or monster that could run through bullets or overpower two deputies with hulkish strength, he was a 15-year-old autistic teen having a bad day," Lacy added.

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Gainer was 'super intelligent, kind'

According to a GoFundMe fundraiser set up to help Gainer's family pay for funeral expenses, the teen was active in the community. He tutored kids after school, assisted with robotics programs and participated in community clean ups.

"He was a super intelligent, kind, generous, respectable, thoughtful, funny, goofy, charismatic person, who always saw the good in people," the fundraiser page states. "Ryan wanted to be a mechanical engineer and run track for Oregon State University one day; our hearts continue to break at the thought of him being robbed of his bright future."

Gainer attended Apple Valley High School in Apple Valley, about 47 miles north of San Bernardino, California, according to Apple Valley Unified School District spokeswoman Zoee Widener.

“We are deeply saddened by the passing of Apple Valley High School sophomore Ryan Gainer,” Widener previously said in a written statement to the Victorville Daily Press, part of the USA TODAY Network. “Our thoughts go out to his family and loved ones.”