Jacksonville mother files lawsuit in Wendy's police shooting

The Jacksonville woman shot with her son in a barrage of police gunfire that killed a robbery/carjacking suspect outside a Wendy's has filed a civil rights lawsuit against the Sheriff's Office and the officers involved.

Joann Cooper's lawyers say the five police officers were unjustified when they fired 42 shots that left Cooper and her 2-year-old son, Daniel Crichton, wounded on March 26. The shots also killed Jeremiah Mathis, who had robbed a nearby Wachovia bank and carjacked Cooper's vehicle while she, Daniel and her 7-year-old daughter, Alexis, were at a Wendy's drive-through on Baymeadows Road.

The lawsuit, filed in federal court, states the Sheriff's Office has a "widespread practice" of shooting citizens for unjustified reasons and that officers weren't being properly trained on the use of deadly force around people and vehicles. It cites several other police shootings to support the allegations.

Named as defendants are Sheriff John Rutherford, along with the officers involved: Lt. Jessie York, Officers Ryan Black, Richard Santoro and Jason Lederman and Recruit Darries Griffith. It was filed by the law firm of Sheppard, White, Thomas & Kachergus.

The lawsuit says Cooper and her son were "deprived of liberty without due process" and were the subjects of "unreasonable seizure" by the actions of the officers. It does not ask for a specific amount in damages. There is no limit to damages that can be ordered in a federal civil rights suit. 

Cooper was shot in the foot, while Daniel was shot in the arm, with the bullet then penetrating his chest. Both were hospitalized and have recovered. Mathis was shot 13 times. His family has threatened legal action, but none has been taken on the family's behalf.

Attorney Bill Sheppard said in a news release that Cooper, 35, and her children will suffer physical and emotional injuries "for a lifetime."

"Police firing 42 shots at a car in disregard of whether it was occupied by innocent people at a time of day when children can be expected to be in car seats returning home from school … shocks the conscience," Sheppard said.

Sheriff's Office spokeswoman Lauri-Ellen Smith declined to comment.

York fired four shots from his shotgun, Black fired his handgun 24 times and Griffith fired six times. Lederman and Santoro both fired four times. All five have been cleared of criminal wrongdoing.

A Sheriff's Office review board recommended in June that internal affairs investigate Black and Griffith, citing concerns they failed to consider their surroundings, among other issues. Board members were critical of Black and Griffith's decisions to fire into what turned out to be a vehicle occupied by civilians. They also were cited for focusing on the suspect and failing to consider other potential victims, including a police supervisor and, especially in Griffith's case, Wendy's customers.

The board found no policy violations by the others involved in the shooting.

Black and Griffith could face discipline up to termination, though police union President Nelson Cuba said they only need more training and would be vindicated.

Rutherford previously ordered Black and Griffith to desk duty after he expressed concern that they fired 30 of the 42 shots and were the only officers to shoot at the moving carjacked vehicle.

Police policy prohibits officers from firing at a moving vehicle other than as a last resort to prevent death or great bodily harm to the officer or another person. When using deadly force, officers must consider what is around and behind the target, and whether the shooting could harm someone else.

jim.schoettler@jacksonville.com, (904) 359-4385