SEATTLE — A judge has dismissed a wrongful death lawsuit against Snohomish County, saying the plaintiffs failed to provide evidence of their claims. The family is appealing.
In late 2018, King County Superior Court Judge Karen Donohue issued a directed verdict in the case of Cecil Lacy Jr. The 50-year-old died during a confrontation with a Snohomish County sheriff’s deputy and two Tulalip tribal police officers in 2015.
“There is nothing to indicate that (the deputy) escalated the situation or that excessive force was used,” the judge wrote. “… There is no testimony at all that any of the officers engaged in excessive force.”
Snohomish County agrees with the decision, said Jason Cummings, the chief civil deputy prosecutor.
“She carefully evaluated the facts and the law and concluded the actions of (the deputy) complied with the law,” he said.
Lacy’s family has asked the state Court of Appeals to review Donohue’s decision. That case is ongoing, with deadlines for additional filings next month.
“Obviously we believe that the judge got this case terribly wrong …,” said the family’s attorney, Gabriel Galanda, in a prepared statement. “We’ve appealed and expect to be back in trial as quickly as possible. The fact remains that Mr. Lacy’s death was a preventable tragedy for which Snohomish County is liable.”
Lacy, who was American Indian, suffered a heart attack during the confrontation on the Tulalip Indian Reservation. Police were told he was in the road and causing a traffic hazard. They say they were trying to take him home when he resisted. He was tripped, held down and shocked with a stun gun.
The county medical examiner’s autopsy determined the ensuing struggle was a factor in Lacy’s death, along with heart problems and methamphetamine use.
Mark Roe, then the Snohomish County prosecutor, conducted a legal review into the use of force. He found that Lacy’s death was a tragic accident but did not involve a crime.
Lacy’s family followed up with a lawsuit in 2016 in King County Superior Court, accusing the sheriff’s office of negligence and excessive force. Litigation against one county often is tried in another.
The family had earlier indicated they were seeking millions of dollars in damages. The case was amended in 2017 to add the tribal officers as defendants, but they were later dismissed at the plaintiffs’ request.
Last year, before the trial, Snohomish County also sought a review of a legal issue from the state Court of Appeals. It was denied.
Many of the claims in the King County suit were dismissed before the trial, which started Oct. 16. The remaining claims included negligence, battery and unlawful imprisonment.
Two days into the trial, Snohomish County’s attorneys asked the judge for a directed verdict. Oral arguments followed, and the verdict was granted before the case could be handed over to jurors. A directed verdict means the judge believes there would be no basis for the jury to reach another conclusion.
A separate lawsuit in Tulalip Tribal Court also was dismissed last year.
Rikki King: 425-339-3449; rking@heraldnet.com; Twitter: @rikkiking.
Full statement from attorneys of Lacy family
Obviously we believe that the judge got this case terribly wrong by not allowing it to be decided by a jury. We’ve appealed and expect to be back in trial as quickly as possible. The fact remains that Mr. Lacy’s death was a preventable tragedy for which Snohomish County is liable. We look forward to the opportunity to again try the case for his family. Justice will be served. It’s just been delayed.
Talk to us
> Give us your news tips.
> Send us a letter to the editor.
> More Herald contact information.
