By Matthew Esnayra [email protected], The Daily News, Longview, Wash. The Tribune Content Agency
The family of the Longview woman, shot and killed by Longview police on New Year's Day, filed Wednesday a wrongful death and federal civil rights lawsuit in the U.S. District Court for the Western District of Washington against the city and three Longview cops.
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Katelynn Rose Smith's two minor children, as well as her mother and estate representative Danielle Whiting, are listed as the plaintiffs in the suit that aims to hold the city of Longview and the three officers accountable for killing the 29-year-old who the lawsuit says was in need of help during a mental health crisis.
Immediately after the shooting, the local independent investigation team called the Lower Columbia Major Crimes Team reported Smith pointed a gun at officers when stepping out of a home in the 2900 block of Columbia Heights Road in Longview, prompting the three officers to fire.
First aid was administered, but Smith died from her wounds, the team reported.
Both the lawsuit and the Lower Columbia Major Crimes Team say 911 was called because Smith was suicidal at the time, but the lawsuit alleges police could have prevented her access to weapons.
The complaint states officers ordered Smith to be released by her boyfriend, who was preventing her from reaching his guns and hurting herself or others. The document states the gun she pointed at police was also unloaded.
Cops named in fatal New Years Day shooting in Longview
All three officers were assigned to Longview's patrol division.
The lawsuit alleges negligence, violations of the Americans Disabilities Act and due process and failure to adequately train the officers.
The officers who fired - supervisor Elijah Heston, senior officer Dylan Fletcher and officer Caitlyn Woolcott-Rose - are being sued in their individual, personal and official capacities. Those defendants' representation are not listed in court records yet.
Attorneys representing the family are Mark Lindquist from Mark Lindquist Law PLLC in Tacoma and Angus Lee of Angus Lee Law Firm in Longview. They are demanding a jury trial.
Angela Abel, spokesperson for Longview, told The Daily News the city could not comment on the active case.
Cowlitz County Prosecuting Attorney Ryan Jurvakainen said criminal charges were not filed against the officers because they faced signifigant danger after Smith aimed the gun at them, justifying using deadly force. Officers repeatedly yelled for her to drop her gun, but she didn't obey, he added.
How to find help
People can call or text 988 24/7 to reach the Suicide & Crisis Lifeline for support with mental health crises, substance use concerns, thoughts of suicide, or any other type of emotional distress.
Cowlitz County residents can also contact the area crisis line at 360-425-6064 or 800-803-8833 24/7.
The shooting
Police were called to the Columbia Heights home around 5 a.m. Jan. 1 because Smith was reported to be suicidal and also assaulting a man, according to a January press release from the Lower Columbia Major Crimes Team.
The lawsuit states Smith's boyfriend, Justin Ebert, called 911 after she came into his home looking for a gun and saying she wanted to harm herself.
In a 13-minute and 33-second edited video recording about the incident, shared on the Cowlitz County Sheriff's Office YouTube channel in January, Ebert can be heard telling dispatch Smith is "literally trying to kill herself," as well as "trying to drink chemicals and trying to jam stuff into her neck." The video includes edited body camera footage and audio from the 911 call.
The lawsuit says Ebert also told police Smith was lying in the road, biting herself and eating dirt.
Two of the three officers gave written statements during the investigation stating they heard dispatch say Smith was attempting to end her own life, and even "jam things in her neck," the suit states.
The lawsuit also says police knew Smith could possibly access the guns. The filing says an officer asked dispatch if Ebert's guns were secured, and dispatch said "negative, the male stated there are firearms in the house he was trying to keep her away from."
UPDATE: Report: Longview officers shoot, kill suicidal woman who aimed gun at them
The suspect was also reported to be assaulting a man, police report.
Longview police arrived one minute and 30 seconds after the call, according to the video.
When they arrived, Ebert was on top of Smith, preventing her from reaching the weapons, the lawsuit states.
One officer wrote in his report that Ebert was "positioned on top of Ms. Smith," and "she was on her back on the floor, with Mr. Ebert straddling her," the complaint states.
But officers ordered him to let her go, according to the lawsuit.
Heston's body-worn camera reportedly shows that when the officers approached Ebert and Smith, they had their guns drawn and pointed in Ebert's direction. Fletcher and Heston ordered Ebert to release Smith, and when he complied, Smith moved out of sight of the officers and into rooms where "they knew there was a gun," and didn't stop her, the document continues.
Shooting
A screenshot of body camera footage of a Longview officer shows Katelyn Rose Smith, 29, pointing a gun at officers on Jan. 1 in the 2900 block of Columbia Heights in Longview. A lawsuit filed this weeks says the gun was not loaded.
Officers also had less-lethal options on the day of the shooting, including access to a 40mm launcher equipped with foam baton rounds and a ballistic shield, states the lawsuit.
Instead, officers stood outside the residence with their guns drawn.
The video shows police fired at Smith when she exited the home and pointed the gun in their direction.
Between the three officers, 23 rounds were fired with six bullets striking Smith, according to the video.
According to the lawsuit, officers struck Smith 11 times, piercing her liver and the head, and hitting her brain.
UPDATE: Investigation of fatal New Year's Day shooting sent to Cowlitz County prosecutors
Footage of the Longview shooting was released by investigators, who say officers fired 23 rounds total.
None of the officers involved were injured and they were placed on critical incident leave after the incident, the major crimes team reported.
This was not the first time Smith tried to hurt herself.
About seven months prior, in June, Ebert also called police, according to the lawsuit. He told dispatch Smith was experiencing a mental health crisis because she stopped taking her prescriptions and attempted to hurt herself.
The lawsuit says police took her to PeaceHealth St. John Medical Center after that call for involuntary treatment.
Behavorial health unit vs. police officers
The Longview Police Department's behavioral health unit was not on duty during the New Year's Day call, according the the department, as the unit was not budgeted to work on the holiday.
In November, voters passed a new sales tax to hire three more patrol officers. The tax - which will add a cent to every $10 city purchase - cannot cover behavorial health unit members.
The tax's revenue is slated to start in April, with the first new officer expected to be hired in June and the two other positions added in 2026. The city says this is the first increase in police officers since 1980.
According to an explanatory statement in the election's voter's pamphlet, Longview's minimum patrol levels have been at the current level since 1980, while the population has increased by 22.8% and calls to the police have increased by 43%.
Editor's note: This story has been updated to include information from the prosecuting attorney.