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The Graham Police Department is using a tried and true defense against the lawsuit Jaquyn ONeill Lights family has brought in the 20-year-olds 2020 shooting death at the hands of an officer and put blame on Lights own actions.

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Late on Jan. 28, 2020, three officers went to Lights family home to execute a warrant for his arrest. While two officers went in the back door looking for Light, he ran from the front of the house and into Graham Police officer Marcus Pollock who was alone in the front yard.

Pollock told the other officers Light ran into him in the dark, and his gun went off. The .45-caliber bullet hit Light in the belly, but he kept struggling with Pollock, according to the report, and the two of them moved 20 to 25 feet before Pollock brought Light to the ground and handcuffed him. Pollock lost his gun briefly in the struggle. Light died in a hospital later that night.

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There are several forms of legal immunity for police and police departments. Originally intended to protect them from frivolous lawsuits, U.S. Supreme Court decisions have made them stronger protections for law enforcement over the years. Critics say they shield police from accountability, while law enforcement officials and supporters call them protections for officers making split-second decisions in dangerous situations.

Generally, the question comes down to whether officers used excessive force in violation of Fourth Amendment protections and whether they knew they were breaking established law.

More: Family of slain Graham man, Jaquyn Light, sues police officer who shot him, police chief and city

The departments response to the Light familys federal lawsuit also calls Lights own actions that night negligent.

The familys suit charges excessive force because Light was unarmed and not actively committing a crime and claims officers didnt need to approach Light with deadly force to execute a warrant for a probation violation and a misdemeanor charge. For its part, the departments filing says the warrant was for two felonies and a misdemeanor.

According to the state Department of Public Safety, Light was sentenced to probation in 2018 on felony charges of breaking and entering and larceny after breaking and entering. In 2017, Light was also convicted of felony common law robbery and misdemeanor larceny.

Graham Police did not clarify the charges by press time, Tuesday.

The familys suit also alleges former Police Chief Jeff Pritchard with having poor hiring practices and failing to train and properly discipline officers. Pollock, according to the suit, had previous use-of-force claims against him from a previous job, though it does not elaborate on what complaints he faced.

Pollock was in the Greensboro Police Department for 18 years, according to his LinkedIn page. The departments filing says Pollock faced an excessive-force complaint before coming to Graham, but it was deemed unfounded.

After an SBI investigation into Lights shooting and death, the Alamance County District attorneys office found the evidence supported an accidental-shooting theory and gave it no probable cause to prosecute Pollock.

Even so, when asked District Attorney Sean Boone said it was troubling that Light was unarmed and Pollock did not turn his body camera on until after he shot and handcuffed Light, a violation of department policy. The other two officers had activated their cameras when they got out of their cars before going to the house, but neither of them was there when Light was shot.

Lawyers representing the family and department did not return Times-News calls for comment, Tuesday.

Read more from the original source:
Graham Police respond to suit from family of slain 20-year-old - Burlington Times News