College athlete held hostage by brother, then Oregon police allegedly shot him after mistaking him for his sibling, ‘You shot the wrong guy’
He was hospitalized for weeks and required multiple surgeries
A college student in Oregon claimed he was shot five times by police after he fled from his drug-impaired brother, who was allegedly holding him at knife point. Maverick Lyon has since filed a lawsuit against the police department; he has alleged negligence and excessive force.
On January 5, Maverick, 21, was allegedly held at knife point by his brother, Dakota, who had become “delusional and nonsensical,” according to The Oregonian. The college student’s father, who was at work at the time, called the police after checking a Ring security camera and seeing Maverick’s brother pointing a knife at him inside the house.
During the altercation at the house, Maverick picked up a knife for his own protection, according to the lawsuit. Two Albany police officers, Kenny Allin and Jon Wymore, arrived at the scene and approached the house from the front. Two more officers, Matt Thomas and Engle Diaz, later arrived and went to the back of the house.
The lawsuit states that Maverick ran out of the door and dropped the knife before stepping outside the house. He then allegedly ran out, crouching and with his empty hands extended for officers to see. Officers then allegedly fired at least five shots at Maverick, seriously wounding him. According to the video cited in the lawsuit, the student told the officers, “You shot the wrong guy — he was holding me hostage.”
Maverick Lyon filed a lawsuit
Following the incident, Maverick spent four weeks in hospital. One of his lawyers, Alicia LeDuc Montgomery, claimed that his facial injuries would require orthopedic and plastic surgery. He also required multiple surgeries, which resulted in the removal of part of his lungs, appendix, and spleen.
The lawsuit against the police department blamed the shooting on a lack of communication between officers at the scene. Officer Matt Thomas allegedly approached the house from the back without talking to the two officers at the front first. Maverick’s father had also described Dakota’s appearance and what he had been wearing to help officers differentiate.
“Every police officer is trained that time and tactics are the keys to safely defusing crises, and these officers rushed in with no plan at all,” Jesse Merrithew, one of the lawyers representing Maverick, said.
In a statement, the Benton County District Attorney, Ryan S. Joslin, ruled the shooting as justified, saying, “In this case, the officers, in real time, had only fractions of a second to decide how to act.” He said officers had “an objectively reasonable belief,” that they needed to act to protect themselves.
The lawsuit has not specified a specific dollar amount for damages; however, Maverick’s parents said they want “answers, accountability and changes.”
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