BILLINGS – The two former Yellowstone County Sheriff’s deputies who shot and killed a Huntley man in 2015 did not act reasonably and are not entitled to protections under the law, according to a federal judge’s ruling this week.
Judge Susan Watters filed the summary judgment Tuesday in the case filed in U.S. District Court.
The wrongful death lawsuit was filed in October of 2015 by the Estate of Loren Simpson.
The defendants, former deputies Chris Rudolph and Jason Robinson, had requested the judge grant them immunity under the law for using deadly force against Simpson.
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“The force used by the deputies was severe, the crime they suspected Simpson had committed was minor, the danger to the deputies was minimal, and the deputies could have used less intrusive means to affect the investigative stop,” said Watters in her judgment.
Rudolph and Robinson shot and killed Simpson on White Buffalo Trail Road in Huntley in January of 2015.
The former deputies were cleared of criminal wrongdoing at a coroner’s inquest in February of 2016.
Rudolph and Robinson claimed to believe Simpson was a suspect in a burglary and they believed he was driving a stolen vehicle.
The former deputies parked the patrol car in the street to block traffic from coming through and pointed their weapons at the oncoming vehicle.
The former deputies said they killed Simpson because they believed he was trying to run them over with the vehicle.
Dash-cam video from the patrol car shows Simpson driving the Explorer toward the deputies but it swerves into the ditch.
“The question that will never be answered is whether Simpson even knew the deputies were attempting to stop him,” said Watters in her judgment. “Prior to setting up a roadblock without even turning on the patrol car’s overhead lights, Robinson admitted to his supervising officer that he wasn’t “even 100% it [was the right] car.”
The former deputies fired at least 24 shots at Simpson, according to the judge’s review.
Watters added that it was possible Simpson could not hear the deputies’ commands because it was winter and he had the heat on in the vehicle.
She also noted that it was dusk and visibility would have been impaired.
Watters said in her judgment that not only was there no evidence to support Simpson’s intent to hit the deputies, but argued that there was no proof Simpson had committed any crime.
“A rational jury could find the deputies’ use of deadly force was unreasonable,” said Watters in her judgment.
A trial date has yet to be set.
Cold blooded MURDER! Enjoy the pig roast you gestapo thugs!
These two cops need to be burned at the stake, not sued.