Lorna "Lori" Kimsey, the widow of
Randall David Kimsey, an Ogden man shot by authorities following a standoff May
26, 2010 at his home, has filed a lawsuit against law enforcement agencies
claiming alleged negligence, excessive force and violations of her husband's
civil rights.
The federal lawsuit filed in Des Moines argues that Boone County sheriff's
deputies, three Ogden police officers and an officer from the city of Boone
"used excessive force and brutality" in the killing of the
50-year-old man.
On the evening of Tuesday, May 25 Boone County Deputy Zach Zeutenhorst
responded to a residence at 443 E Sycamore Street to speak with Mr. Kimsey
about harassing phone calls. According to Boone County Sheriff Ron Fehr, when
Ogden officer Nate Spencer and Zeutenhorst approached the front door, they were
confronted by Kimsey waving a handgun in a threatening manner.
According to court documents Kimsey's wife was urged by phone to leave the
house and was taken into custody. Authorities say they spent hours in futile
attempts to negotiate with Kimsey before six officers entered the home at
nearly 1:23 a.m.
The documents state that "without a warrant, without provocation, without
cause, without invitation, without knocking and without identifying themselves,
the Ogden police officers, Boone County sheriff's deputies and the Boone County
Special Response Team cut electric power to the Kimsey residence, entered the
residence from both front and back doors and upon entering, the officer
exploded several percussion flash (bombs)."
The team then "apparently proceeded upstairs and deployed a second flash
bang device," the lawsuit says. "At that time, Kimsey appeared out of
the bedroom door while allegedly carrying a gun."
According to the documents, Kimsey suffered at least 14 bullet wounds in the
ensuing gun battle.
The lawsuit alleges various violations of Kimsey's rights involving excessive
force, improper search and seizure, assault and loss of consortium. Court
papers charge that defendants acted "with actual malice or in a manner of
willful, wanton and reckless disregard of the legal and constructional
rights" of the Kimseys.
Following the stand-off two years ago, Sheriff Fehr reported that Kimsey was
shot after a bullet from his gun struck a protective helmet worn by one of six
officers who entered Kimsey's home at the end of the stand-off. "He fired
two rounds before they could respond," Fehr stated.