Officers from the Ashtabula Police Department in Ohio shot Brendan Hester, 23, at his home while Hester was holding an armed intruder at gunpoint. Hester was paralyzed from the shooting and is now filing a lawsuit against the city and police.
The lawsuit filed on Monday claims that Ashtabula police officers Daniel Gillespie and Spencer Gale violated Hester's Fourth Amendment rights through the use of force. It also cites the city of Ashtabula for its failure to train and supervise its officers.
Fox 8 reports that on June 2, 2017 Hester was shot early in the morning after a 911 call came in from Hester’s brother’s girlfriend, who reported an armed intruder inside a home on W. 38th Street. Hester lived in the house with his brother, his brother’s girlfriend, and their daughter.
Hester was holding the intruder at gunpoint while waiting for officers to arrive. But when police got to the scene, they immediately opened the door and began shooting, the lawsuit says.
Hester was struck twice by bullets and was instantly paralyzed. At a press conference Hester explained his new life in a wheelchair: "I can't walk no more. It's been hard. Everything has been changed. It's been a long process. I need help for just about everything. I can eat and drink by myself, but everything else I need help with."
Ashtabula police say when they arrived at the house, they heard a scuffle inside and entered the home, they then ordered Hester to drop or lower the gun he was holding. He did not comply and an officer fired his weapon, according to police. Hester contends that he has no memory of ever seeing the officers enter the house.
A grand jury declined to file charges on the officers involved.