Family of man fatally shot by Central Kentucky police plans to file wrongful death lawsuit
The family of 22-year-old Desman LaDuke, who was shot and killed by a Nicholasville police officer last month, is planning to file a civil rights and wrongful death lawsuit against the department, according to the family’s attorney Sam Aguiar.
Aguiar said this type of suit focuses on the violation of Fourth Amendment rights.
LaDuke, a resident of Nicholasville, was shot and killed by an unknown member of the Nicholasville Police Department on Oct. 22 after police were called to his home for a welfare check. In an initial release from Kentucky State Police, they said local police were called to LaDuke’s home and reported that LaDuke was armed and suicidal.
An officer who has yet to be publicly identified shot LaDuke. LaDuke was taken to the hospital for his injuries, but died several hours after the shooting took place.
More than a week after the incident, Nicholasville police released a statement alleging LaDuke aimed two firearms at officers through a window before he was shot.
Aguiar said the lawsuit can serve as a way to help LaDuke’s family acquire evidence which is not otherwise being released because it’s the subject of an active investigation.
“Part of the reason you have to file (the lawsuit) fairly early is because that is the only way to get materials,” he said.
Because the investigation into LaDuke’s death is ongoing, the family attorney would have an opportunity to make a motion for discovery, and obtain any and all evidence in the possession of police, Aguiar said.
Aguiar said much of the evidence is being held — and still gathered — by state police, who are leading the investigation into the shooting.
“State police have to preserve evidence for the investigation, and they have their way that they investigate shootings, but the only way to ensure we get that evidence is to file a lawsuit or send a subpoena,” Aguiar said.
Sam Wade, a public information officer for the Nicholasville Police Department, said the department hadn’t been notified of a lawsuit yet and had no comment.
State police, Nichosville police and the family have possession of video footage taken by a bystander while the incident was taking place. In addition, Aguiar said a Ring doorbell camera captured 297 videos while police were on scene, some of which include conversations between police negotiators and LaDuke.
LaDuke’s family has disputed Nicholasville police’s justification for the shooting. His family released a statement on Oct. 25, alleging that shooting LaDuke was “not the solution” that should’ve been taken.
“He was alone in his home. Nine rifles being pointed at his doors and windows by officers in tactical gear did not do anything to diffuse what was an obvious mental health crisis,” the family’s statement said. “A tactical shot through a window into Desman’s chest was not the solution.”
Nicholasville police released their own statement on Monday, in which they said they made “every effort” in order to achieve a peaceful resolution with LaDuke.
State police Trooper Justin Kearney said the investigation into LaDuke’s death is active and “investigators are working hard.” He said once state police are prepared and able, they will release more information.
“KSP is committed to being transparent while ensuring the integrity of the investigation,” Kearney said. “To protect the integrity of an ongoing investigation, it is KSP’s standard operating procedure not to release specific details until vital witnesses have been interviewed and pertinent facts gathered. Timelines to complete investigations vary based on the complexity of the case.”
State police and Nicholasville police have declined to comment further. Police have not yet released the names of the officers involved in the deadly shooting. Nicholasville police would not comment on whether these officers involved are still actively on duty.
State police on Friday partially denied a request filed by the Herald-Leader under the Kentucky Open Records Act to see bodycam video and incident reports from the shooting. Police said records pertaining to the incident were exempt because from the open records act because they’re part of an active investigation.
State police did provide a redacted report that confirmed the location of the incident, as well as LaDuke’s involvement, but no additional details.
Representative of estate: It’s too early to file suit
Attorney John E. Norman, who was ordered to be personal representative of LaDuke’s estate, said Thursday that while the family has expressed interest in filing a lawsuit, it’s too early to do so.
Norman said in a statement to the Herald-Leader that an investigation into LaDuke’s death by his estate began Thursday “with letters of representation, requests for documents, open records requests, and directives to preserve all evidence surrounding the incident in question.”
“Once the evidence is received and comprehensively scrutinized, then the decision will be made as to whether or not a claim is pursued,” Norman said in his statement. “Should evidence not be forthcoming after good faith requests by the Estate then litigation will be undertaken in order to compel the same.”
Norman said the statute of limitations had just commenced and it would be “reckless” to file a lawsuit too early.
‘I think they hope people forget’
Aguiar said he had an issue with the way Nicholasville police were releasing statements, and he also wants state police to“reconsider how tight-lipped they are about these things.”
“There are fine lines for them,” he said. “(State police) are conducting the investigation, and I am sure they don’t want them going out and chirping too much.”
He said some of the information Nicholasville police released was misleading.
“We need to reconsider this idea of the philosophy of silence,” he said. “(State police) say, ‘we believe in transparency,’ and that they keep things quiet for the the preservation of the investigation. They say when they investigate more they will release more, but historically when you look back, they don’t.
“I think they hope people forget and that buys more them more time and they don’t ever end up releasing any information.”
NAACP president calls for more information, special investigator
Whit Whitaker, the president of the Lexington-Fayette NAACP, said the statement from state police regarding transparency was “institutional rhetoric.” The local NAACP has publicly called for more transparency and the release of more information in the case.
“I understand there is an investigation going on, but they haven’t even rendered an apology to the family,” Whitaker told the Herald-Leader. “The very least they could’ve done is rendered an apology to the family for taking this young man’s life and let them know they are earnestly and honestly looking into the investigation.”
Whitaker has also asked that police pursue better training for mental health crises and said mental health professionals should accompany police on calls involving a mental health crisis. Whitaker also said he felt statements put out by Nicholasville police “blamed the victim.”
Whitaker said he wants state police to hire an independent investigator to handle LaDuke’s case. He raised concern over previous controversies within state police, including past use of training materials that quoted Adolf Hitler and Robert E. Lee.
Whitaker said “it doesn’t seem appropriate for Kentucky State Police to investigate” given those controversies.
Editor’s note: This story has been updated to reflect that an attorney was appointed to handle Desman LaDuke’s estate and the estate is beginning an investigation into LaDuke’s death.
This story was originally published November 4, 2022 at 12:55 PM.
