Wife calls 911 for help, then cops shoot man dead amid mental health crisis, suit says

A newly filed lawsuit accuses Texas deputies of using excessive force when they fatally shot a man while he was having a mental health emergency in October 2022.

The lawsuit, filed April 11 in an Austin federal court by Kaplan Law Firm on behalf of the man’s wife, names the Llano County Sheriff’s Office, the sheriff and two deputies as defendants.

McClatchy News reached out to the Llano County Sheriff’s Office for comment on April 18 but did not receive an immediate response.

On Oct. 23, 2022, deputies shot and killed 40-year-old Justin Harrod of Kingsland, the Llano County Sheriff’s Office said in a news release shared the day of the incident.

According to the suit, Harrod “posed no imminent threat of death or bodily harm to the deputies,” and their use of deadly force violated his constitution right to due process and the protection against unreasonable searches and seizures.

Mental health emergency

Harrod’s wife said throughout the day leading up to his death, he struggled with his mental health as it was the first anniversary of his father’s death, according to the lawsuit.

After a night out dancing with friends, Harrod was experiencing a mental health crisis, the suit says.

Harrod’s wife called 911 around 5:50 a.m. after hearing what she said was a single gunshot, explaining to the dispatcher that she was not being threatened but was concerned for her husband’s safety, according to the lawsuit.

Arrival of law enforcement

When deputies arrived, Harrod was passed out on his lawn “lying prone on his stomach,” with his gun under his body, the suit said.

According to the lawsuit, five deputies surrounded Harrod for 18 minutes yelling and using “taunting tones,” issuing contradictory instructions like to “get away from the gun” but to also not move.

After Harrod yelled back at law enforcement, one deputy fired a Taser and two others fired their guns a moment later, striking him in the face and arm, officials said.

“Mr. Harrod was shot and killed less than one second after the taser was deployed,” the lawsuit said. “It was physically impossible for him to reach for the gun, much less put the deputies in fear for their lives in that period of time.”

Body camera footage from the incident shows one deputy saying “I never could see the gun, I never saw it,” with another responding “I know,” according to the lawsuit.

In the news release, the Llano County Sheriff’s Office said “deputies observed Harrod with a gun,” and “fearing for their safety,” they fired after he refused to drop it.

Medical aid was started after Harrod repeatedly said, “I’m dying,” according to the suit.

The sheriff’s office said Harrod died in the ambulance while being taken to a medical helicopter.

Lawsuit accuses deputies of constitutional violations

The lawsuit states that the use of excessive and deadly force by law enforcement violated Harrod’s Fourth and Fourteenth Amendment protections against unreasonable searches and seizures and the right to due process.

It also accuses the Llano County Sheriff’s Office of “failing to adequately train, supervise or discipline deputies” and implement policy changes to prevent this type of escalation.

Harrod’s wife seeks a trial by jury; actual, compensatory and exemplary damages; and a “declaratory judgment that defendants violated plaintiff’s constitutionally protected right,” according to the lawsuit.

Harrod is described in the suit as a man who loved music, including playing the banjo, singing and dancing. He is survived by his wife, two daughters and two stepdaughters.

If you or someone you know need help, you can contact the NAMI HelpLine. The National Alliance on Mental Illness offers a free, nationwide peer-support service providing information, resource referrals and support to people living with a mental health condition, their family members and caregivers, mental health providers and the public. You can call 1-800-950-6264 or text "HelpLine" to 62640 each Monday-Friday from 10 a.m. to 10 p.m. ET.

If you need immediate help in a crisis, call 1-800-273-8255 to reach the National Suicide Prevention Lifeline.

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