Estate of man killed in deputy shooting files federal lawsuit

At least two candidates for Kettering Municipal Court clerk will be on the ballot this fall for the first time in 18 years. FILE

Credit: FILE

Credit: FILE

At least two candidates for Kettering Municipal Court clerk will be on the ballot this fall for the first time in 18 years. FILE

The estate of a man killed last year in a deputy-involved shooting has filed a federal lawsuit arguing that the shooting wasn’t justified.

Gary Brown, 43, of Dayton, was said by authorities to have allegedly tried to run over a deputy with a vehicle in March 2020. Two deputies were patrolling in Harrison Twp. when they were dispatched to a suspicious vehicle call, the Montgomery County Prosecutor’s Office said in an earlier press release.

The vehicle was located on Ontario Avenue and Brown was in the back seat of the vehicle. Deputies commanded Brown to exit the vehicle, but instead, he went to the front seat and drove the vehicle at one of the deputies, according to the Montgomery County Prosecutor’s Office.

“The deputy discharged his duty weapon one time, killing the suspect,” the prosecutor’s office said in a release.

A grand jury who reviewed the case chose not to indict the deputy involved, the prosecutor’s office said.

However, the federal lawsuit filed by attorney Douglas Brannon paints a different picture of the situation.

“At the time of the shooting, Gary Brown was unarmed and attempting to leave in a vehicle from a parking space,” the lawsuit says. “He did not threaten any officer and did not strike any officer with his vehicle as he was driving away.”

The lawsuit says that Brown moved to the front of the vehicle as he was talking with one deputy, and another came up to the vehicle with his weapon drawn. It was then Brown tried to drive away, the lawsuit says.

The suit says that the deputy “recklessly and with total disregard for the consequences, indiscriminately fired his weapon into the vehicle through the front windshield at Gary Brown hitting him in the chest, which shot/injury ultimately killed him.”

The lawsuit names Montgomery County, Sheriff Rob Streck and deputies Matthew Snyder and Alec Denker as defendants.

A Montgomery County Sheriff’s Office spokeswoman declined comment citing the pending litigation.

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