Virginia’s Court of Appeals says a Spotsylvania County Sheriff’s deputy should have done more to prevent a handcuffed man from shooting himself while detained in the back seat of his cruiser.
In August 2018, Dennis Christopher Howard had been taken into custody, after his girlfriend had received a protective order, and Howard threatened to “take down” any law enforcement officers who tried to arrest him, according to the appeals court opinion published Tuesday.
Howard slipped out of his handcuffs, reached through an open partition into the front seat, grabbed a loaded handgun that had been seized a day earlier in a traffic stop, and shot himself in the head, according to the opinion.
“Surviving this suicide attempt, Howard sued Spotsylvania County Sheriff Roger L. Harris and Deputy David Setlock, alleging that they were grossly negligent in supervising Howard during his detainment,” according to the opinion. The Spotsylvania County judge ruled in favor of the deputies, granting summary judgment before a civil trial.
Spotsylvania Judge Designate Marcus Williams had granted summary judgment on two grounds: By attempting suicide, Howard was a felon in possession of a gun, and that Howard’s claim didn’t meet the “gross negligence” standard required.
Now, the Virginia Appeals Court has reversed the trial court’s judgment, and the civil case can be reheard.
How a handcuffed man was able to access a loaded gun and shoot himself
According to the opinion, written by Appeals Court Judge Dominique Callins, Howard had a heated argument with his girlfriend on Aug. 15, 2018. She obtained an emergency protective order and swore out a warrant for his arrest.
The next day, Howard took a shotgun belonging to his friend, and left a suicide note, that included: “Tell everyone I love them and I’m sorry. See ya in the next life bro.”
Sheriff’s deputies located Howard near an abandoned warehouse, and took him into custody. He was placed in the back seat of the deputy’s vehicle with his hands cuffed behind his back, according to the opinion.
“At the time of the Howard’s detainment, a loaded handgun that Deputy Setlock had seized during a traffic stop the day prior was stored in plain view in a bag on the front passenger seat, and the window partition separating the front and back seats was open and unlocked,” according to Callins’ opinion.
When Setlock searched Howard, he couldn’t find the shotgun he had reportedly taken from a friend earlier. Howard denied having a gun when asked about it, according to court documents.
Setlock periodically walked away from the cruiser to search for the missing shotgun. At one point, while the deputy was away from the cruiser, “Howard ‘jumped’ his handcuffs by bringing his hands underneath his legs to the front of his body,” Callins wrote.
Howard reached through the partition, took the gun from the bag, confirmed it was loaded with a round in the chamber, “then moved his hands back underneath his legs and concealed the handgun beneath his legs.”
At some point, the deputy noticed Howard’s hands were underneath his knees, according to the opinion.
“Deputy Setlock warned Howard that he would pepper spray him if he tried to jump his handcuffs, but otherwise took no actions to resecure Howard’s handcuffs or ensure that Howard was still safely detained,” according to the opinion.
Howard told deputies where the shotgun was located, it was recovered, and he was driven back toward his home. Setlock stepped away from the vehicle to discuss with his superior officer whether to charge Howard with several felonies and take him to jail, or take him to a hospital for a mental evaluation, in light of Howard’s threats of suicide.
As Setlock walked back to the cruiser, to take Howard for a mental evaluation, he heard a single gunshot. The opinion said that Howard “survived the suicide attempt. Deputy Setlock was later suspended for two weeks for violating general orders pertaining to the transportation of custodial detainees and procedures for storing evidence.”
Trial judge ruled in favor of sheriff and sheriff’s deputy
In the deputy’s defense, his attorneys argued Setlock had exercised “some degree of care” for Howard’s safety as part of his duty to supervise Howard during his detainment, but that he “had an equally important duty to protect the public by finding the missing shotgun,” which necessitated his walking away from the cruiser.
The Spotsylvania County trial judge ruled in favor of law enforcement, granting summary judgment before a trial was held.
However, the appeals court disagreed.
According to the panel, while Setlock initially exercised appropriate care, “the threat that Howard posed to himself and to others changed significantly once Deputy Setlock was on notice that Howard’s handcuffs were not effectively restraining him and that Howard appeared capable of jumping his handcuffs.”
Combined with Deputy Setlock’s knowledge that (1) Howard was a suicidal detainee, (2) a loaded handgun was in plain view in a bag on the front passenger seat, and (3) the window partition separating the front and back seats was open and unlocked, a reasonable jury could find that Deputy Setlock’s inaction constituted ‘a degree of negligence showing indifference to another and an utter disregard of prudence that amounts to a complete neglect of the safety of such other person.
In reversing the trial court’s judgment, the case is remanded to Spotsylvania County’s Circuit Court, where the civil case can be reheard.
WTOP is seeking comment from the Spotsylvania County Sheriff’s Office about the high court’s ruling.
Editor’s note: This story includes discussion of suicide. If you or someone you know needs help, please call the Suicide and Crisis Lifeline. This is a hotline for individuals in crisis or for those looking to help someone else. To speak with a trained listener, call 988. Service members and veterans can call 988 and then press “1.” There is also an online chat at 988lifeline.org.
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