SACRAMENTO (CN) - Showing "total lack of awareness," a Sacramento County sheriff's deputy awoke a mentally ill man and then shot him to death in his own bedroom, the man's family claims in court.
Theodore and Karen Rose sued Sacramento County, its Sheriff Scott Jones, and Deputy David McEntire for the wrongful death of their son Johnathan Rose, in Federal Court.
The Roses called 911 on Jan. 17, 2012, to report that Johnathan, 24, who suffered from paranoid schizophrenia and obsessive-compulsive disorder, had become agitated after his first meeting with a new psychiatrist.
The Roses say in the complaint that they had learned while living in nearby Placer County that the best way to defuse these situations was to call for police assistance.
Also, Ted Rose's health had declined after he had a heart attack in 2010. He says in the complaint that though he called 911, he did not overdramatize the situation or indicate that Johnathan was on a rampage.
After Ted Rose's 911 call, Johnathan calmed down enough to take his medication and fall asleep. More than an hour later, Deputy McEntire showed up at the Rose home, the Roses say.
"Unbeknownst to Ted Rose, the Sheriff's Department dispatch practice was to downgrade a call regarding someone who was potentially '5150' [a danger to himself or others] when the Sheriff's Department received only a single call for service. Had Ted Rose placed multiple calls, the protocol would have required a minimum of two officers responding," the Roses say in the complaint.
When McEntire arrived, the parents say, he ignored their attempts to explain that the situation was no longer volatile and did not require officer intervention. They say McEntire barked, "Where is he?" and barged into their home without permission.
"Johnathan was sleeping on a mattress in the living room because he had given up his own bedroom to his sister, who was staying at the house temporarily," the complaint states.
"During the entire interaction between Deputy McEntire and Johnathan Rose, his mother Karen was in the bathroom and Johnathan's brother Theodore Jr. was in his bedroom. Although they could hear much of what was happening, they were not able to see most of what transpired.
"Deputy McEntire went directly to Johnathan, who was sleeping on the mattress, and yelled 'Get up' twice.
"Johnathan, although startled, stood up as directed. Johnathan faced the wall and put his hands behind his back, apparently expecting to be handcuffed.
"Deputy McEntire then ordered Johnathan to get on the ground."
But Johnathan's illness included an extreme phobia of germs. The Roses say that while their son started to get on the ground, he was psychologically unable to lie down on a dirty floor - and he stood back up and asked to be arrested.
"This was not a sufficient response for McEntire," the complaint states. McEntire, without warning or reflection, bear-hug tackled Johnathan into the wall with sufficient force so as to cause Johnathan to bust a hole through the wall. McEntire then hit Johnathan on the head with his metal flashlight, again without warning. Johnathan, with McEntire on top of him, fell onto his mattress on the floor. McEntire, on top of Johnathan, started to pummel him with punches. At that point, Johnathan attempted to defend himself by trying to block McEntire's blows, and he also threw some punches in response to McEntire's blows in a desperate attempt to try to stop the attack.