Family sues police officer who shot and killed son near parking lot

By https://www.cbsnews.com/colorado/news/family-rashaud-johnson-shot-killed-aurora-police-officer-files-lawsuit/

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    AURORA, Colorado (KCNC) — Attorneys representing the family of an unarmed man shot and killed by an Aurora police officer called that shooting “the worst Aurora police killing since Elijah McClain” and have filed a wrongful death lawsuit, they announced on Tuesday. Lawyers for the man’s family say he was experiencing a mental health crisis at the time the officer shot him.

Rashaud Terrelle Johnson was shot and killed by Aurora Police Officer Brandon Mills in a field next to The Parking Spot, a parking lot at East 56th Avenue and Himalaya Street near Denver International Airport, on May 12. Johnson, 32, was identified by the Adams County Coroner’s Office later that month.

Aurora Police Chief Todd Chamberlain said at the time that Johnson attacked Mills after police were called to the parking lot for reports of a suspicious person who parking lot employees thought was trying to break into cars.

Edited body-worn camera footage from the officer, which the department released a few days later, showed Mills in a physical struggle with Johnson. The video showed that Johnson charged at Mills. Chamberlain said that during that struggle, Johnson had pulled a magazine containing extra ammunition for the officer’s firearm out of his belt pouch.

Video shows Mills getting off the ground and taking several steps away from Johnson. Mills draws his gun, pointing it at Johnson while giving him commands to get on the ground.

“Get on the ground. Get on the ground now! Get on the ground. I’m gonna shoot you if you do not get on the ground,” Mills can be heard saying in the video. Johnson starts walking toward Mills, who then shouts, “stop! Get back!”

Mills then fires two shots, striking Johnson. Denver police officers arrive a few minutes later.

Neil Sandhu, an attorney with Rathod Mohamedbhai LLC, the law firm representing Johnson’s family, says that the public will never know why Johnson was behaving the way he did that day he was killed.

“Rashaud’s effervescent life was cut short when he was shot and killed by Officer Mills of the Aurora Police Department, despite the fact that Rashaud posed no imminent threat of serious bodily harm,” he said. “For the next few hours, people who worked at The Parking Spot made about four 911 calls. In each of those calls, they made a few things apparent: Rashaud posed no threat. They told 911 over and over again (that) the man they were calling about did not have a weapon. The only thing they wanted was for Aurora to dispatch somebody to get Rashaud some help.”

Sandhu said the employees were “rebuffed” by the 911 operator each time, until Mills was dispatched.

“Instead of showing him a way out, Officer Mills decided to corral Rashaud against that fence, barking commands at him and demanding answers, even though Rashaud didn’t appear to register any of the questions,” he said.

Sandhu questioned why Mills didn’t try to create space or put something between Johnson and himself after Johnson had run toward the officer.

“He created a few feet of separation between him and Rashaud, pulled out his gun, and paused for a few minutes while Rashaud looked at the ground. But inexplicably, Officer Mills decided to reengage. He raised his weapon again (…) and he again started barking commands at Rashaud. And it was only in that moment that Rashaud decided to look up and start slowly pacing again towards Officer Mills,” he said.

Johnson’s mother, Taushica Carter, tearfully said at the news conference that Johnson was her only child.

“This is hard. My only child is gone,” she said. “I have a hard time knowing that this person took an oath and took my baby’s life. There’s no words I can say and the pain I feel to have my baby gone and not here with me.”

A stand-up comedian, Johnson performed in comedy clubs in the Denver metro area, according to his family and over two dozen local comedians, who mourned Johnson’s death in a letter.

“Не would remember people’s jokes he liked and tell them so. Hearing that from someone makes a difference and I watched him make that difference. He made a difference for me. When I stepped away, the first night I was back I saw him and he made me feel welcome with just a smile,” Denver comedian Emiyl Cornelius wrote. “A person like Rashaud is rare and I feel lucky to have known him. My thoughts are with his loved ones during this difficult time.”

“Rashaud was a genuinely kind guy,” comedian Justin Platz wrote. “His grandma should feel immense pride for having raised such a nice person. I can’t remember a conversation we had where he didn’t mention his grandma or her little dog. He loved you both very much! Rashaud will be greatly missed by anyone who knew him. My thoughts and prayers go out to his friends & family. I hope ya’ll find some comfort during such a tragic loss.”

Johnson’s family’s attorneys said that Johnson “died in an airport parking lot, alone and unarmed.”

“His toxicology screen revealed no illegal drugs in his system. The only marks on his record were a traffic citation and minor marijuana charge from over a decade ago,” their statement continued. “He had spent his life exploring world religions, wrapping his arms around his family, and telling jokes that made both Colfax comedy clubs and his grandmother laugh.”

A search of state court records shows Johnson has no violent criminal history.

A copy of an autopsy report provided by Johnson’s family’s attorneys shows that toxicology results for Johnson only showed cannabinoids in his urine and Delta-9 THC in his blood.

Chamberlain defended the actions of his officer, saying back in May that, “the absence of a weapon does not mean that there is an absence of danger by any stretch of the imagination.”

Attorneys for Johnson’s family, who have represented a number of other families of people killed by police across Colorado, say the Aurora Police Department has “a pattern of unlawful behavior by the APD and its officers.”

“Yet another unarmed Black man has been condemned to death by the Aurora Police Department. Under the APD’s playbook, officers escalate encounters that a reasonable officer would resolve peacefully,” they said. “APD officers bait Black citizens standing on the other side of the weapons into making one wrong move. The APD’s list of victims is matched only by their list of broken promises. In the wake of Elijah McClain’s death, APD entered into a consent decree, promising the community that it would stop robbing families of their children. Recent homicides by APD officers, however, demonstrate that the APD and its officers are turning their backs on that consent decree.”

Christopher Johnson, Rashaud’s father, said his son “is no longer here, although he should be.” He said losing a child “puts you in an exclusive club, but one no one should be in.”

“When I want to text my son jokes that I heard or little nuggets of life, different scenarios and guidance or ask questions, that’s no longer there for me,” he said.

The 17th Judicial District Attorney’s Office, which is investigating the shooting and the actions of the officer, said it hasn’t yet issued a decision letter on the shooting. It referred additional questions to the Aurora Police Department, which didn’t immediately respond to a request for comment about the lawsuit Tuesday morning.

The department entered a consent decree with the Colorado Office of Attorney General after the 2019 killing of Elijah McClain, an unarmed Black man, at the hands of Aurora police officers and paramedics. An investigation by Colorado Attorney General Phil Weiser found “Aurora Police has a pattern and practice of racially biased policing, using excessive force, and failing to record required information when it interacts with the community.”

The department has also been under scrutiny from the public in the past two years for the police killings of Kilyn Lewis, an unarmed Black man who Aurora SWAT officers were trying to arrest on an outstanding attempted murder warrant, and Jor’dell Richardson, a 14-year-old Black boy who had a BB gun in his waistband when an Aurora officer shot him.

Body-worn camera video of the shooting of Johnson can be viewed here.

Johnson’s family’s attorneys are seeking a jury trial, damages, and other relief that a judge sees fit.

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