Suit Seeks $9 Million From City After Shooting Family Says Police Shot First When Man Killed In Standoff

The family of a man killed in a 1994 police shooting sued the city Wednesday, alleging officers fired at him without cause.

The lawsuit seeks at least $9 million in damages in the shooting death of Sidney McDermott.

A claim that his widow, Lois McDermott, filed on behalf of herself and five children in May was rejected by the city, leading to the filing of the lawsuit in Spokane County Superior Court.

In the August 1994 case, Officer Tracie Mayer had tried to stop McDermott for investigation of drunken driving a block from his home. Instead, McDermott went to his home and came out with a .45-caliber handgun.

Police say McDermott fired before being killed when Mayer and another officer returned fire.

The lawsuit alleges Mayer was out of control and verbally abusive to McDermott.

Family members who were inside the home at the time of the shooting allege that police, not McDermott, fired first.

The suit also alleges police unnecessarily fired three shots at McDermott after an initial shot left him on the ground and seriously wounded.

Rocco Treppiedi, an assistant city attorney, said the three shots were fired because officers believed McDermott still posed a threat. Treppiedi also said officers were in control throughout and did not shoot first.

“Everything that occurred here was Mr. McDermott’s fault, and the officers were simply responding to a drunken, angry, out-of-control individual who ultimately attempted to murder a police officer,” he said.

Treppiedi said the city plans to counter-sue the family for malicious prosecution and assault on Officer Mayer.

, DataTimes