The family of Donovan Lewis is suing the Columbus police officer who shot and killed the unarmed 20-year-old Black man in August of last year, and the four other officers who were there that night.
Local attorney Rex Elliott claims all five officers violated Columbus’ 2021 Andre’s Law, requiring police officers to immediately render aid when someone is injured by police.
Andre’s Law was enacted after Andre Hill was shot and killed in 2020 by Columbus police, who didn’t render aid to him. Elliott’s suit states Officer Ricky Anderson, who shot Lewis once in the abdomen, never tried to help Lewis and that the other officers waited too long to help.
“Instead, what they did is they played for the body cam, audio and video, suggesting that Donovan was resisting arrest. We know from our medical doctors that that's just not possible," Elliott said alongside attorney Michael Wright, who represented Hill's family, and Rebecca Duran, Lewis' mother.
Andre's Law requires officers to be certified in rendering aid. Elliott said that instead of administering aid "by putting him on a flat surface and starting CPR... they spent their good old time in the bedroom" before they "dragged him out... dropped him down the stairs..."
Elliott said "many, many precious minutes went by before aid was administered to to this young man as his life was rapidly drifting away."
In addition to Anderson, the suit names Columbus police officers Chance Knox, Harry Dorsey, Jack Randall and Justin Dodrill. Columbus police did not immediately respond Thursday when asked if the department is investigating claims that the officers violated Andre's Law.
The suit quotes body camera footage showing the officers yelling at Lewis to “stop resisting” and handcuffing him, though he was incapacitated and not moving. The suit also quotes footage showing the officers telling one another to turn off their cameras before they discuss what happened.
At a press conference on Thursday, Elliott again called on the case to go to a grand jury and for Columbus officials to fire Anderson, who has been on paid administrative leave since the shooting.
City officials said they are following union rules and won't take any action until the criminal process is complete.
Lewis was in his bed around 2:30 a.m., when he was shot as the officers arrived at a Sullivant Avenue apartment to serve him a warrant.
Elliott said there is enough just cause to fire Anderson now, with video of the incident and Anderson's past violations, before the criminal process is complete. "The collective bargaining agreement enables the city to terminate him for just cause," Elliott said.
Anderson's personnel file showed he received top marks in his performance evaluations, some commendations and some complaints.
City officials said they are following collective bargaining guidelines and won't take action until the criminal investigation and internal steps are completed.
Elliott said special prosecutors are taking too long to submit findings for a grand jury to evaluate whether Anderson committed a crime when he shot Lewis a moment after opening his bedroom door as Lewis sat up. The special prosecutors said in January that they are still working on a review of the case.
"The role and duty of the Special Prosecutors is to seek justice. Traditionally in Franklin County, all deaths as a result of the actions of law enforcement officers are reviewed by the Franklin County Grand jury to determine if there is a basis to believe that a criminal act happened. Each incident has its own unique facts, circumstances and timeline.
Furthermore, any review of the use of force by law enforcement entails a detailed evaluation of all the facts and circumstances leading up to and surrounding the incident and application of guidelines set forth by the courts. That procedure can be time consuming and in this case is ongoing. We sympathize with the family of Donovan Lewis and their frustration with the process. We are dedicated to achieving justice in this matter."
Elliott and Lewis’ mother, Rebecca Duran, said they are also waiting on promised conversations with Mayor Andrew Ginther and Columbus Division of Police Chief Elaine Bryant about meaningful police reform they want to see. "As every day ticks by that we don't have reform and we don't get to the bottom of this, people are at risk. And that's just unacceptable," Elliott said.
When asked for comment, Ginther's office responded that they won't comment on pending litigation, though the mayor is not named in the Franklin County civil suit.
The civil lawsuit accuses Anderson of wrongful death, battery, breach of duty, intentional infliction of emotional distress, negligent infliction of emotional distress, failure to render aid and deprivation of state constitutional rights and state statutory rights.
The suit states the family is “seeking accountability for the reckless police conduct that violated Donovan’s rights and caused his tragic death, and to encourage the reforms needed to prevent other such injuries and deaths.”
