Wrongful death lawsuit filed in Summit Square shooting

Two security guards shooting and killing Dant’e Price while he was in his car two years ago at the Summit Square apartments was a wrongful death, a lawsuit filed in Montgomery County Common Pleas Court alleges.

The suit brought by attorney Judith Lamusga, the administrator of Price’s estate, seeks damages for seven counts related to when Ranger Security guards Christopher Tarbert and Justin Wissinger allegedly fired 17 shots into Price’s car, with three hitting Price on March 1, 2012.

The security guards told police they fired in self-defense because Price was going to run them over with his vehicle. Price’s family disputes that claim, as does the Montgomery County Prosecutor’s Office, which filed murder and abduction charges against Tarbert and Wissinger. Their trial was to begin in March, but court filings show prosecutors are seeking a delay.

Defendants named in the wrongful death lawsuit include the housing complex’s owners, management, Ranger Security and its owners, Ivan Burke and Christina Burke, Tarbert, Wissinger and two unidentified John Does.

“While attempting to park his car, Mr. Price was confronted by Defendants Tarbert and Wissinger, who surrounded Mr. Price’s vehicle with their guns raised and ordered him to exit the vehicle,” the suit alleges. “Mr. Price offered to leave the premises and pleaded with Defendants Tarbert and Wissinger to lower their guns. After Defendants Tarbert and Wissinger refused to lower their weapons or allow Mr. Price to leave the premises, Mr. Price advised he would remain in his vehicle until officers from the Dayton Police Department arrived.”

The suit also states: “Defendants Tarbert and Wissinger shouted orders and pointed their weapons at Mr. Price. Fearing for his life, Mr. Price attempted to drive away from Defendants Tarbert and Wissinger. In response to Mr. Price’s attempt to leave Summit Square, Defendants Tarbert and Wissinger approached and shot at/into Mr. Price’s vehicle approximately 17 times. Mr. Price died after being hit by at least three of these shots.”

Lamusga’s attorney, Sam Caras, said he would not comment on pending litigation, noting that the criminal case is ongoing. Court records don’t indicate who represents the defendants.

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