Summary judgments sought in Dugan shooting
NEW LEXINGTON – Attorneys defending Perry County and deputy Kevin Starrett in the shooting of Dustin Dugan have filed a request with the court asking it to waive trial and rule in their favor.
Two requests for summary judgment were filed Monday by attorney Daniel Downey, who called the facts of the lawsuit alleging excessive force “relatively straightforward.”
Dugan, who filed the federal civil lawsuit in conjunction with passenger Kenny Helwig, was shot multiple times during a 2012 investigation into a stolen car.
On Feb 27, 2012, Starrett and Wilson were conducting an investigation into possible stolen property at a mobile home in Junction City. Upon the officers’ arrival, Dugan and Helwig exited the trailer and got into a Dodge Neon that reportedly was stolen.
In attempts to stop Dugan and Helwig from fleeing, the officers blocked the car with two vehicles of their own. Soon after, Starrett shot Dugan several times through the windshield, while Wilson shot at the vehicle’s tires, according to court documents.
Perry County and Starrett claim the shooting was justified, saying Dugan accelerated towards Starrett, leading him to believe he was in “imminent danger” of being struck. Dugan and Helwig claim they were trapped and unarmed, making the shooting a use of excessive force.
Downey cited Dugan’s history of resisting arrest as to why Starrett would believe his life was in danger. One such incident was shortly before the 2012 investigation, during which upon being arrested, he allegedly ran inside his residence and armed himself with knives and an automatic handgun, requiring the deployment of tear gas, law enformcent officials reported.
After being gassed, Dugan allegedly fled via car, dragging an officer who attempted to stop him by grabbing the wheel alongside. He was apprehended later, according to court records.
Based on the knowledge Starrett had of Dugan at the time, his attorney said, he used “objective reasonableness” or analysis “from the perspective of a reasonable officer on the scene, rather than with 20/20 vision of hindsight.”
Additionally, Downey claims Starrett did not violate any constitutional rights and is entitled to qualified immunity as a law enforcement official.
On behalf of Perry County, Downey makes claims that state law claims for assault and battery and intentional infliction of emotional distress are barred by laws that grant broad immunity to political subdivisions. He also argues there was no policy or custom that caused a constitutional violation as Starrett was correctly trained and screened and there is no history of unlawful practices or officer involved shootings under Sheriff William Barker.
The plaintiffs have yet to file a response to the defense’s motion. Neither attorney was available for comment.
The court has previously dismissed all claims against the New Lexington Police Department’s Sky Wilson, the village of New Lexington and the Central Ohio Drug Enforcement Task Force.
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