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The Spokesman-Review Newspaper
Spokane, Washington  Est. May 19, 1883

City Sued Over Police Shooting Man Was Killed After Firing At Cop Who Pulled Him Over For Traffic Stop

A Spokane woman alleges a police officer’s “irrational and emotional” behavior led to the shooting death of her husband two years ago.

Lois McDermott and her five children filed claims with the city last week asking taxpayers to pay at least $9 million in damages to compensate for Sidney McDermott’s death.

He died during a gunbattle with police in August 1994.

At that time, police said McDermott walked out of his North Side house on East Everett and started shooting at Officer Tracie Mayer, who earlier had tried to pull McDermott over for a traffic stop. The former Burlington Northern lineman was killed by return fire from two officers.

“It’s a situation that went from bad to worse because a police officer didn’t remain in control,” said Thomas Smith, the McDermotts’ attorney.

Police Chief Terry Mangan was outraged by the family’s claims.

“(Sidney McDermott) tried to murder one of my police officers, got killed doing so and now his family wants to sue the city,” Mangan said. “It shows you how out-of-whack and litigious this society is.”

Lois McDermott referred questions about the case to her attorney.

Mayer could not be reached for comment, but police officers are told not to discuss pending litigation, Mangan said.

During a news conference after the shooting, Mangan gave this description of events: Sidney and Lois McDermott had been at the Special K Tavern on North Market when the two began arguing. Lois McDermott left the tavern and started walking home.

Sidney McDermott started to drive home, but was spotted a block away from his residence by Mayer after he ran a car off the road while improperly changing lanes.

He continued to his house and yelled at Mayer to get off his property. She radioed for assistance.

McDermott went into his basement, loaded his .45-caliber handgun and grabbed an extra ammunition clip. He walked out with the gun pointed at Mayer, who crouched behind her car.

Mayer radioed that McDermott had opened fire.

She fired five shots back.

About the same time, a second officer, Cpl. Mark Wheelright, fired four shotgun rounds at McDermott from behind a tree.

Smith challenged the city’s version of the incident, saying witnesses - including three of the McDermotts’ children - will tell a different story. They say Mayer caused the situation to escalate, which led McDermott to get his gun.

Mayer was “irrational, emotionally out of control, and was loudly yelling, and was verbally assaulting Sidney McDermott,” the claim states. “She became an instant volcano of emotion,” Smith said. “I’m not saying Mr. McDermott didn’t do anything wrong. But who’s supposed to be in control here? The police officer.”

Rocco Treppiedi, an assistant city attorney, called the claims “totally baseless.”

After Mayer tried to pull McDermott over for breaking the law, “his only response was to go into his house, get a loaded gun and start shooting at the police officer,” Treppiedi said.

State law gives the city 30 days to respond to a claim before the plaintiffs can file a lawsuit in Superior Court.

Both sides plan to proceed to court, with the city promising more litigation.

“Counter-claims for malicious prosecution and assault will be filed,” Treppiedi said.

, DataTimes