Family Of Man Killed By Boise Officer Files $20 Million Claim

The family of Ryan Hennessey has brought a $20 million claim against the city over his fatal shooting by an off-duty police officer.

The tort claim filed Friday alleges Detective Dave Smith acted outside what is expected of a prudent officer when Hennessey was killed Nov. 6.

Ryan Hennessey, 20, died when the two reportedly struggled over Smith’s pistol after he pulled Hennessey over in a traffic stop. The city has 90 days to respond. If it rejects the claim or does not respond, the family can file a lawsuit in court.

“We haven’t decided what the response will be. We got it late in the day,” said Kent Rock, city risk manager. “We’ll want to study it carefully.”

The Idaho attorney general’s office and the Boise Police Department cleared Smith of any wrongdoing.

According to the attorney general’s report, Hennessey drove away from a party about 11 p.m., drunk and belligerent. He had a blood-alcohol level nearly three times the legal limit for drivers.

Smith had been working as offduty security at Boise State University for singer Neil Diamond’s concert. After receiving a radio call about a felony suspect, he went on duty to investigate.

With his wife and daughter in the car, Smith chased Hennessey until Hennessey’s car crashed into a curb. Smith took his gun and approached Hennessey, who was sitting in the car.

Witnesses gave differing accounts of the ensuing battle. Hennessey’s stepfather, John Billington, maintained the facts did not support the attorney general office’s conclusion that Smith acted properly.

“The image of a kid attacking an officer just doesn’t square with the facts,” Billington said. The family hired a California forensic pathologist to do an autopsy.