Jenoah Donald’s family announce fatal traffic stop lawsuit against Clark County

Jenoah Donald’s family members announced Thursday that they would sue Clark County. It would be the second lawsuit this year involving the death of a black man from the county.

The family claims an unjustified death. Attorney Mark Lindquist alleged that the Clark County’s deputy sheriff’s traffic control was illegal that February evening, citing a 1997 court case that said Washington police prohibited the Washington police from using traffic stops as a cover for investigating Use drug offenses.

“MPs believed Jenoah was leaving a drug house, but they had no likely reason to convict him of a drug crime. Instead, the deputy stopped him with the excuse of a defective taillight, ”said Lindquist.

A tort complaint filed with the district and made available to the media shows attorneys are demanding $ 17 million.

Donald died after three Clark County Sheriff’s deputies stopped him on February 4 because of a broken taillight north of Vancouver. Investigators said the deputies responded to a complaint about a “drug house” in the area. A police officer at the scene believed he saw a gun in Donald’s car, prompting another to forcibly remove the 30-year-old from the vehicle.

As the car started moving forward, according to investigators, a MP fired his gun and hit Donald in the head. Donald spent more than a week on life support and then died on February 12th.

Josh Shorthill, left, speaks to reporters while Sue Zawacky, right, watches. The family announced on June 24 that they would sue Clark County for the death of Jenoah Donald.

Troy Brynelson / OPB

Sitting at a folding table in the same two-story office building where Kevin Peterson Jr.’s family sat three months ago, Donald’s mother and brother said they hoped the lawsuit would give them more facts and keep the Clark County’s Sheriff’s Office is for Donald’s Death in February responsible.

“One of my hopes is that truth and justice will emerge, that people will be held accountable, and that things will change,” said Sue Zawacky, Donald’s mother. “What happened to my son shouldn’t happen.”

Donald was the second black man to be killed by MPs in four months. On October 29, 2020, less than a mile from Donald’s stop, a law enforcement task force attempted a drug sting involving 21-year-old Kevin Peterson Jr. It ended with three MPs shooting at Peterson as he ran away with a gun.

Peterson’s family announced their lawsuit on March 18. The Herrmann Law Group from Tacoma represents the families in both cases.

In a statement, Clark County Sheriff Chuck Atkins noted that the legal review of the shooting is still pending. He did not comment on the lawsuit and wished the condolences of Donald’s family.

What the investigators say happened that night

Most of the information from that evening was released as part of an investigation by local law enforcement agencies. Police shootings are being investigated by neighboring authorities in Washington. Two non-law enforcement citizens also join the team to investigate conflicts of interest.

At around 7:40 p.m. on February 4, dispatchers alerted patrol MPs after receiving a 9-1-1 call. The caller was concerned about suspicious activity near a reported “drug house” in Hazel Dell.

It was near the intersection of Northeast 68th Street and Northeast 2nd Avenue that deputy Sean Boyle stopped a bronze limo because of a broken taillight, according to investigators.

Donald, the driver, reportedly identified himself during the stop. When Boyle returned to his vehicle for identification, another deputy, Holly Troupe, had arrived and saw a “ball-handled” sharp object that she later referred to as a screwdriver. A third deputy, Greg Agar, also arrived.

Investigators said Troupe ordered Donald to show his hands, but he failed to do so and instead pulled “a cell phone and metal pliers” out of his back pockets, investigators said.

“I said, ‘Really? I just told you to show me your hands. Keep your fingers off it, ”Troupe later told investigators. She said she told Donald to “relax” and he told her the same thing.

When Boyle returned, he threatened to use a police dog on Donald. He eventually hit Donald on the nose, investigators said, and Troupe tried “pain compliance” techniques with their hands under Donald’s jaw.

Meanwhile, the engine of the sedan Donald was driving stayed on. During the scuffle, MPs said they heard the engine revving up. Boyle told investigators that Donald grabbed his ballistics vest and pulled him to the car. There are no body camera recordings of the encounter, so the investigators relied heavily on the reports of the officers involved.

While wrestling with Donald in the car, Boyle said he had drawn his gun and warned that he would shoot. Boyle then fired twice and hit Donald once.

Neighbors at the crime scene told OPB they did not hear anything until the car idled over the lawns of two houses and hit a nearby fence.

Family frustration

Thursday’s press conference was the first public appearance by Zawacky and Donald’s older brother Josh Shorthill. The two touched Donald’s childhood – as a talented tinkerer who struggled at school due to a learning disability – to an adult life that sometimes seemed unsteady.

“He struggled with drugs, we know that. When it comes to who he was, the drugs weren’t what he was. He did that, ”said Shorthill. “Who he was was one of the nicest people you could ever meet.”

The two said Donald was struggling with substance abuse, a criminal history and behavioral health problems. They said he was on the autism spectrum and, while he was functioning highly, prone to withdrawal when overstimulated by sight and sound.

The time since filming hasn’t made it easier, said Zawacky, even though they have grown closer. The week Donald was life sustaining at PeaceHealth Southwest Medical Center passed quickly. When faced with the reality that he would not survive, they had to make tough decisions about funeral arrangements, organ donation, and eventually pull him off life support.

“It was one of the hardest things I ever had to see,” said Shorthill. “You see what your younger brother, your friend, your colleague used to be, and it doesn’t fizzle out. And he’s gone. I was shocked.”