Family of Apple Valley teen fatally shot by deputies suing San Bernardino County
APPLE VALLEY, Calif. (KABC) -- The family of a 15-year-old boy with autism who was shot and killed by San Bernardino County sheriff's deputies has filed a lawsuit, alleging excessive and unreasonable use of force.
"To comply or die. That's not the rules," said attorney DeWitt Lacy. "They're supposed to protect and serve and give help to the Gainer family that needed some help with their teen."
According to the lawsuit, 15-year-old Ryan Gainer was experiencing a mental health episode on March 9, 2024, at the family home in Apple Valley, and started acting violently. Family members called 911 for help.
"On this occasion, the family called and said they needed help," said Lacy. "They also called and let law enforcement and dispatch know, that (the boy's father) had successfully deescalated this incident and their help was no longer necessary."
Apple Valley teen shot by deputy had autism, was acting out after family dispute, attorney says
When deputies arrived and entered the front door of the home, body-worn camera video shows Gainer charging at deputies holding a gardening tool with a metal blade.
The deputy yelled "get back or you're getting shot," turned and ran from Gainer, before firing his gun. Another deputy arriving at the scene also fired.
Gainer was struck by gunfire. Deputies and arriving paramedics attempted lifesaving measures, but Gainer was pronounced dead at the scene.
According to the lawsuit, the deputy who entered the home and encountered Gainer "appeared panicked and unprepared as Ryan made his way out the front door."
The lawsuit also alleges mistreatment of family members by law enforcement after the shooting, alleging they were "forced to give statements under the threat of arrest and held in custody for several hours without acknowledgment of Ryan's death."
The San Bernardino County sheriff's department declined to comment on the lawsuit, but during a news conference held days after the shooting Sheriff Shannon Dicus said the system itself failed Ryan Gainer.
"In this case, since January, we'd been to the residence five times," said Dicus, who said none of those encounters became violent. "And that is why I say our social safety network is not working and needs to be strengthened."
