Heeter v. Bowers

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KAREN HEETER, et al., Plaintiffs, v. KENNETH BOWERS, et al., Defendants.

No. 2:20-cv-6481

United States District Court, S.D. Ohio, Eastern Division

March 28, 2023

Elizabeth P. Deavers, Magistrate Judge

OPINION & ORDER

ALGENON L. MARBLEY, CHIEF UNITED STATES DISTRICT JUDGE

This matter is before the Court on Defendants' Motion for Summary Judgment (ECF No. 21). Oral argument was held in this matter. Following careful consideration and the benefit of oral argument, this Court GRANTS IN PART AND DENIES IN PART Defendants' Motion.

I. BACKGROUND

A. Factual Background ^[1]

On November 21, 2018, Bill G. Heeter was shot dead by a group of officers from the Columbus Police Department (“CPD”) at his residence located at 370 S. Yale Avenue, Columbus, OH 43215 (“the Heeter residence” or “the residence”). (Plaintiffs' Complaint, ECF No. 3 ¶¶ 1, 8). Mr. Heeter resided with his wife and three children; his niece was also present at the residence at the time of Mr. Heeter's death. (Id. ¶ 8). Around 9:00 a.m. that morning, either Mr. Heeter's wife (Karen Heeter) (Id. ¶ 9), or his brother (Defendants' Motion for Summary Judgment, ECF No. 21 at 7) called 911 stating that Mr. Heeter had made suicidal threats to jump in front of a bus. Several CPD officers including Sergeant Steve Redding responded to the call but left the scene after being unable to locate Mr. Heeter. (ECF No. 3 ¶ 10).

At around 9:58 a.m. that same day, Franklin County 911 Dispatch received a call from Karen Heeter, alleging that Mr. Heeter was home, suicidal, in possession of a firearm, and in need of someone to deescalate the situation. (Id. ¶ 11). Dispatch noted that Mr. Heeter “said if the police show up[,] he can[']t be held responsible for what happens.” (Event Information Report, ECF No. 25-12 at 2). Karen Heeter pleaded with Dispatch that the officers “please don[']t shoot him,” referring to Mr. Heeter. (Id.). Dispatch additionally made the note that “there may be kids in the home as well (but adults).” (Id.). Pursuant to this call, at 10:01 a.m., Defendant Officer Kenneth Bowers, along with Sergeant Joseph Horton, Sergeant Steven Redding, Officer Linda Gibson, Officer Robert Bruce, Officer Scott Stasheen, Officer Matt Baldwin, Officer John Miles, Officer Jeremy Gilbert, and Officer Stephen O'Brien of the CPD returned to the Heeter residence. (Id. at 3-4). The officers were greeted by Karen Heeter, who informed them that Mr. Heeter had threatened to kill himself, that he was inside the house with a gun, and that “he'll put the gun down if you guys leave.” (Id.; see Informational Summary of Officer Linda Gibson, ECF No. 25-4 at 1).

Multiple officers, including Defendant Bowers, approached the front door of the home to find Mr. Heeter seated at the dining room table, smoking a cigarette. (ECF No. 3 ¶ 14). Officer Sergeant Redding observed Mr. Heeter through a window and informed the other officers that Mr. Heeter had a gun in his right hand pointed down at the floor. (Id.; ECF No. 21 at 10). The Officers ordered Mr. Heeter to come out of the house, which he refused. (ECF No. 3 ¶ 14-16). The officers continued ordering Mr. Heeter to place his gun on the table and exit the house. (Id. ¶ 16). One officer told Bill, “Let us help you.” Mr. Heeter responded, “I don't need help.” (Id.). The Officers continued yelling at Mr. Heeter to come out. (Id.).

Officer Bruce asked the other officers, “Where's the gun[?]” (Id.). One of the officers replied that he couldn't see it, before Sergeant Redding said, “He put it on the table.” (Id.; Kenneth Bowers Affidavit, ECF No. 21-1 ¶ 21). Defendant Bowers then said, “You guys ready. Let's move in and take it before he gets it.” (Plaintiffs' Opposition Motion to Summary Judgment, ECF No. 25 at 8; Bowers Aff. ¶ 14). At least seven officers then entered Mr. Heeter's home, several with their weapons drawn. (ECF No. 25 at 8; Steven Redding Affidavit, ECF No. 21-11 ¶ 15). Several officers stood near the entryway between the dining room and living room. (ECF No. 25 at 8; Redding Aff. ¶ 16). Defendant Bowers stood with his rifle drawn by the wall separating the dining room from the living room. Officer Redding had a Taser “in an effort to see if non-lethal force could be utilized to secure Mr. Heeter.” (Redding Aff. ¶ 17).

Mr. Heeter was standing by a table near the corner of his dining room. (ECF No. 25 at 8; Robert Bruce Body Camera Footage, ECF No. 21-7 at 10:25). There were one or two black cats on the table. (Id; Bowers Aff. ¶ 30). The officers instructed Mr. Heeter to walk away from the table and towards the corner of the room with his hands up. (ECF No. 25 at 8-9). In Officer Bruce's body camera footage, one officer can be heard cautioning Mr. Heeter not to “get close to that table” or he “will be shot.” (Bruce Body Camera Footage at 10:24-10:27). The officers told Mr. Heeter they were there to help him. (Id.). Mr. Heeter largely remained silent during the interaction. (Id.; Bruce Body Camera Footage at 10:25-11:32). After some time, he told the officers, “you guys are really starting to tick me off.” (ECF No. 25 at 9). The officers continued to ask Mr. Heeter to put his hands up so that they can give him help. (Id.). Mr. Heeter declined. (Id.). One of the officers repeated their request. (Id.). Mr. Heeter responded, “I just want you guys to go, then I'll put the gun down and won't touch it no more.” (Id.). An officer responded, “No, it doesn't work that way, Bill.” (Id.).

Officer Bruce's body camera footage then shows Mr. Heeter move slightly towards one of the black cats and lean forward with nothing in his left hand. (Bruce Body Camera Footage at 11:30-11:32).

Defendant Bowers then stated, “Where's the gun, I see the cat.” (Id. at 11:2911:30). About a second later, Defendant Bowers fired five shots in quick succession from his rifle at Mr. Heeter. (Id. at 11:32-11:33). Mr. Heeter received multiple gunshot wounds and fell to the floor face down. (Id. at 11:33-11:40).

After Mr. Heeter was shot, he remained lying motionless on the ground. (Id. at 11:3312:40). Officer Bruce and Officer Gilbert then handcuffed him. (Id. at 12:40-12:45). The officers then left Mr. Heeter lying face down on his stomach with his hands cuffed behind his back while a pool of blood could be observed gathering underneath him. (Id. at 12:50-20:00).

The amount of time between the moment Mr. Heeter was shot (Id. at 11:33) and the arrival of the first paramedic from the Columbus Fire Department (Id. at 20:05) is approximately 8.5 minutes. Although officers repeatedly coached Mr. Heeter with variations of “hang on, buddy” while he lay waiting for medical attention, no officer rendered any form of medical assistance. (Id. at 11:33-20:05). The paramedic immediately flipped Mr. Heeter's body around so that he was lying on his stomach. (Id. at 20:07). A pool of blood can be observed below Mr. Heeter as he is flipped around. (Id.). Paramedics soon thereafter removed his handcuffs before placing him on a back board and performing CPR. (Id. at 24:00-26:20). Paramedics then left to transport Mr. Heeter to Grant Medical. (Id. at 26:25).

Finding Mr. Heeter prone on the ground and handcuffed, paramedics observed in their incident report that Mr. Heeter had “no spontaneous respirations, a large blood clot stuck on his face . . . [p]upils fixed and dilated.” (Columbus Fire Department Incident Report, ECF No. 25-7 at 1). Blood was observed to be flowing from multiple wounds. (Id.).

Mr. Heeter was pronounced dead at 10:57 a.m. on November 21, 2018, by Dr. Michelle Kincade at the Grant Medical Center Emergency Department. (Affidavit in Support of Search Warrant, ECF No. 25-15 at 1; CPD Use of Force Report, ECF No. 25-16 at 1-2).

After an examination and autopsy was conducted on November 22, 2018, a Coroner's Report was prepared by the Franklin County Coroner's Office. (Coroner's Report, ECF No. 258). The findings included: (1) a gunshot wound of the chest (penetration of the right lung); (2) a gunshot wound of the right shoulder (penetration of soft tissues, fracture of right clavicle, right sided rib fractures); (3) a gunshot wound of the right forearm (penetration of soft tissues, fractures of the right radius and ulna); (4) a graze gunshot wound of the right flank; (5) multiple superficial punctate abrasions of the right side of the chest, abdomen, and the right arm; and (6) recent medical therapy (emergent bilateral thoracotomy). (Id.). The Coroner's Report determined the cause of death to be a gunshot wound of the chest and the manner of death to be a homicide. (Id.).

None of the officers' body camera footage shows Mr. Heeter pointing his gun towards the officers at any time. Defendant Bowers appears to be the only officer who fired his weapon. (Bruce Body Camera Footage at 11:33). None of the officers reported seeing Mr. Heeter holding a gun while they were in his home. Officer Bruce stated, “[p]rior to the shooting, I did not see Mr. Heeter's gun.” (Robert Bruce Affidavit, ECF No. 21-6 ¶ 30). Officer Gibson stated, “I was scanning the table and did not see the gun.” (Linda Gibson Affidavit, ECF No. 21-8 ¶ 10). Officer Stasheen was at the northeast corner of the residence and did not see a gun. (Informational Summary of Scott Stasheen, ECF No. 25-3 at 1). Officer Baldwin did not see the suspect with a gun. (Matthew Baldwin Informational Summary, ECF No. 25-2 at 2).

The “first time [Bowers] clearly saw Mr. Heeter's gun” was after he shot Mr. Heeter. Defendant Bowers then “saw [Mr. Heeter's] gun laying by his right leg.” (Bowers Aff. ¶ 30). Neither the officer testimonies nor the body camera footage in the record show clearly whether the gun was on the table or in Mr. Heeter's pocket at the time he was shot.

B. Procedural Background

On November 20,...