City Settles Lawsuit Over Handcuffed Man Killed by Police

WEST VALLEY CITY, Utah (AP) — West Valley Metropolis has settled a lawsuit filed by the household of a 31-year-old man police shot and killed whereas handcuffed inside a police station.

Susan Neese filed the lawsuit in September, saying her son, Michael Breinholt, was unnecessarily killed and that officers “threatened and antagonized” him earlier than Sgt. Tyler Longman shot him, The Salt Lake Tribune reported.

West Valley Metropolis and Neese’s lawyer confirmed Friday the lawsuit had been dismissed and was settled though town refused to say how a lot cash it agreed to pay to Neese. The sum of money authorities entities pay to settle a lawsuit is taken into account a public file, in response to Utah legislation.

The Salt Lake Tribune has filed a information request looking for that info.

Breinholt was arrested on Aug. 23, 2019, after he confirmed up whereas intoxicated on the office of a lady he was courting, information present.

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Physique digital camera footage obtained by The Tribune reveals the lady telling Officers Matt Lane and Taylor Atkin that Breinholt was presumably suicidal, had taken a whole lot of tablets and his breath smelled of alcohol.

The officers arrested Breinholt on suspicion of DUI and took him to the police division for a extra correct Breathalyzer check. Longman got here to assist the officers fill out a warrant for a blood draw.

At one level, Breinholt fell from a chair to the ground — and officers left him there for greater than 11 minutes earlier than medics arrived to examine on him, in response to the footage.

The arresting officers, Atkin and Lane, didn’t inform the medics that Breinholt had taken tablets or was suicidal, and the medics left.

Later, Breinholt requested Longman to be taken to a psychiatric hospital, however the sergeant refused.

The footage reveals a state of affairs that escalated shortly after Breinholt advised officers he had a gun in his shoe. He didn’t, and the officers didn’t seem to take him significantly, however they tried to take his shoe. After they did, Breinholt — together with his palms cuffed behind his again — put his hand on Atkin’s gun. Two officers wrestled with him, although the gun by no means leaves the holster, the footage reveals.

Longman then rushed into the room, stated, “You’re about to die, my pal,” and shot Breinholt within the head, video footage reveals.

Longman additionally shot and killed a person in 2007 and one other in 2008 and the district lawyer discovered his actions to be legally justified in each circumstances. He wasn’t disciplined in these shootings.

Salt Lake County District Legal professional Sim Gill discovered the taking pictures legally justified however known as it “disturbing” and stated he believed the dying might have been prevented.

Neese’s attorneys argued within the lawsuit that whereas Breinholt did have his hand both on an officer’s obligation belt, gun holster or gun deal with, it might have been unattainable for him to tug out the gun and use it whereas handcuffed and reacting slowly resulting from intoxication.

West Valley Metropolis officers stated final September that it was Breinholt’s actions — not their officers — that led to the taking pictures.

Longman is considered one of 38 Utah officers who’ve been concerned in a couple of police taking pictures up to now 17 years, in response to a database maintained by the Tribune.

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