Lawsuit filed against officer who fatally shot Central Kentucky man in stand-off
A wrongful death lawsuit has been filed against a Nicholasville police officer on behalf of the estate of 22-year-old Desman LaDuke, who was shot and killed by officer Joseph Horton during an hours-long standoff on Oct. 22, according to Kentucky State Police.
The lawsuit was filed Tuesday afternoon by Jon Fannin and Matt Minner of Minner Vines Moncus. They are attorneys for LaDuke’s estate. Minner and Fannin were hired by Fayette County Public Administrator John Norman, who is overseeing the estate on behalf of LaDuke’s biological father, Jessie White.
They are suing Horton, who state police say has been with the Nicholasville department eight years. He was identified Monday by Kentucky State Police as the officer who shot and killed LaDuke. Both state police and the Nicholasville Police Department have said that Horton fired after LaDuke pointed two handguns at officers through a window while inside his home.
The lawsuit cites five charges including excessive force, assault and battery, negligence and gross negligence, wrongful death, and punitive damages, according to court documents. The lawsuit seeks relief for damages, an award of attorney’s fees and “injunctive relief regarding future police training and policy implementation,” attorneys wrote in the suit.
Horton was the only defendant listed in the lawsuit.
The Nicholasville Police Department said it wasn’t immediately aware of the lawsuit and didn’t have any immediate comment. Scott Miller, an attorney who’s listed as Horton’s representative on the lawsuit, said while the shooting was a tragedy, the lawsuit filed only presents one view.
“The death of Desman LaDuke is a tragic outcome of a difficult situation, and we recognize this has been difficult for family members and our community,” Miller said in an emailed statement to the Herald-Leader.
“However, this lawsuit only presents one view, and doesn’t accurately reflect all the facts of the case. Officer Horton’s actions followed nationally recognized standard procedures for police response to an armed individual, were within Constitutional guidelines for use of force, and were consistent with Kentucky law and with his training in a situation with immediate threats to the safety of himself and others.
Miller said he will continue to defend Horton in the litigation and would reserve any further comments for court.
In a statement provided to the Herald-Leader, the attorneys who filed the complaint said Nicholasville police should’ve been there to help LaDuke.
“On October 22, 2022, a member of Desman LaDuke’s family called 9-1-1 asking the Nicholasville Police Department to help Desman as he was struggling with emotional stress and thoughts of self-harm. Instead of helping him, the very authorities called to protect Desman took his life,” LaDuke’s estate counsel said in a statement.
“It is difficult to understand how that call for help resulted in a SWAT team surrounding Desman’s house and a sniper shooting Desman in his bedroom, ultimately taking Desman’s life,” the attorneys said in their statement. “There was no one else in the house with Desman. Desman was not a threat to any other person.”
Attorneys said in their statement that the police department and Horton “must now answer for their actions.”
“The lawsuit filed today is the first step toward obtaining answers. We intend to vigorously prosecute the civil rights, wrongful death, and other claims included in the Complaint,” the attorneys said.
Police say they were called to LaDuke’s home on Oct. 22 by family members who wanted emergency responders to do a welfare check. State police said LaDuke was reported to be suicidal and had a firearm. Officers responded to the scene and requested that the Nicholasville Police Department Crisis Negotiation Team respond, as well as the Special Response Team.
Horton, who was identified as a patrol officer by state police, serves as a sniper on the Nicholasville Police Department’s Special Response Team, according to police documents obtained by the Herald-Leader through the Kentucky Open Records Act.
“Although Desman remained calm and cooperative with the officers upon their arrival, the officers proceeded to form a perimeter surrounding the LaDuke residence, with weapons drawn,” attorneys wrote in the lawsuit.
The lawsuit alleges that LaDuke’s family pleaded with officers to let them into the home so they could talk to LaDuke in an effort to de-escalate the situation. Officers refused the requests, according to the lawsuit.
According to state and local police, after several hours of attempted negotiations with LaDuke, he allegedly brandished two firearms while inside the residence in front of a bedroom window.
According to court documents, approximately an hour and a half into the stand-off, Horton shot Desman, who was still alone inside the home, through his bedroom window. The bullet struck LaDuke in the chest, according to the lawsuit.
“After Desman was shot, officers entered the LaDuke residence and drug Desman to the kitchen floor, leaving a trail of blood from his bedroom to the kitchen. While Desman laid bleeding on the kitchen floor, officers continued to yell at him, including, but not limited to, telling Desman that it was his own fault that he was shot,” attorneys alleged in the lawsuit.
State police said in a news release Monday that emergency medical services were on scene and attempted to provide life-saving care to LaDuke before he was taken to University of Kentucky Chandler Hospital, where he was later pronounced dead.
This is a developing story and may be updated.
This story was originally published November 15, 2022 at 4:26 PM with the headline "Lawsuit filed against officer who fatally shot Central Kentucky man in stand-off."
