EVERETT — A man who was shot by police while robbing a bank in Stanwood in 2012 has abandoned his efforts to get more than $6 million in damages.
A federal judge recently dismissed the lawsuit brought by Todd Kirkpatrick, who is an inmate in the state prison system.
Earlier this month, Kirkpatrick, 59, told the court he supported Snohomish County’s request to toss the lawsuit. He said his chances of winning were not worth his time and money.
His attorney, Dennis Clayton of Spokane, declined to comment for this story.
The county is “extremely pleased,” said Jason Cummings, the chief civil deputy prosecuting attorney.
Kirkpatrick is a former businessman from Anacortes who fell on hard times with money and alcohol. In summer 2012, he became known as the “Phony Pony Bandit,” because he wore a wig while robbing banks. The spree earned the attention of law enforcement throughout Western Washington. Local banks came under extra surveillance.
On Sept. 25, 2012, sheriff’s deputy Dan Scott was checking on the KeyBank in Stanwood. A bicycle leaning against the building caught his eye. The Phony Pony Bandit was known to use a bike. The deputy saw that a wooden block in a black bag had been used to keep the bank’s automatic doors from closing.
Kirkpatrick was carrying an unloaded gun, and police alleged that he pointed it at Scott near the bank’s entrance. Kirkpatrick claims that didn’t happen, though surveillance video did show him aiming the weapon at a teller.
Kirkpatrick was shot at least once at the bank and ran toward a nearby Haggen store. Scott fired several more rounds. The robber was struck again and fell down.
Kirkpatrick claimed he was shot another time while on the ground, something the county says is untrue. He suffered wounds to his chest, left arm and legs. He said his medical bills surpassed $300,000.
He later was convicted of four robberies. He was sentenced in 2013 to 17 years in prison.
In June 2015, Kirkpatrick filed a claim with the county, seeking $6.3 million.
He alleged that he was the victim of excessive force. The claim was denied, prompting the lawsuit that Sheriff Ty Trenary called “ridiculous.”