By The Vanguard Staff
APPLE VALLEY, CA – An “unreasonable” response by law enforcement here led to the killing of an Apple Valley Black teen, according to a statement by the law firm Burris Nisenbaum Curry & Lacy at a news conference last Friday.
The legal team announced the filing of a claim—precursor to a civil lawsuit—following the death of 15-year-old Ryan Gainer, an autistic teenager fatally shot by a San Bernardino County Sheriff’s deputy March 9 in Apple Valley.
An account provided by the firm noted the incident “unfolded following a mental health episode stemming from a family argument over chores, during which Ryan, overwhelmed by frustration, struck his sister in the arm. Ryan—who was then holding a gardening tool (when fatally shot)—escalated to Ryan’s untimely death.”
“The deputy immediately drew his weapon at the teen; the deputy presented as a threat and definitely escalated the situation,” said attorney DeWitt Lacy.
“Once a call was made that the situation was under control, the officers should have backed off. 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. The police conduct was unreasonable,” charged attorney John Burris.
“A cousin who was also at the home called authorities and told them the situation was under control,” added DeWitt Lacy.
The law firm’s statement noted, “Ryan, after noticing the call placed to 911, then grasped a garden tool, channeling his distress into an impulsive act that resulted in the shattering of the glass on the front door of their family residence.”
The statement continued, “Family member interventions began to calm Ryan down. Ryan’s cousin, William Roper, called 911 for a second time to advise that Ryan was calming down. However, San Bernardino County Sheriff’s deputies were already enroute responding to the residence despite William’s notice to the San Bernardino County Sheriff’s Department.”
The law firm’s statement added that “responding San Bernardino County Sheriff’s Department was met with neighbors’ pleas for understanding, given Ryan’s autism,” but deputies “yelled out, ‘Where is he?’” when entering the home.
The plaintiffs said, “This proclamation startled Ryan, prompting him to move towards the door with a hula hoe in hand. (gardening tool.) Upon Ryan’s appearance in the hallway, now visible to the deputies, they immediately drew their weapons. This action heightened the tension, with the deputies issuing loud commands to Ryan, further escalating the already fraught situation.
“Soon after, an advancing Ryan exited his home, and the second deputy fired a reported (2) shots. Hitting Ryan, A third round was fired, striking Ryan after an unknown amount of time. Reportedly, the two deputies then pointed their weapons at family members and neighbors who were offering life-saving aid and ignored Ryan for approximately 5-10 minutes while Ryan lay there dying.”
