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The family of Darrien Hunt — the 22-year-old sword-carrying biracial man shot and killed by two white Saratoga Springs police officers — is filing a federal civil-rights lawsuit against the Utah County city.
Attorney Robert Sykes, who represents Hunt's mother, Susan Hunt, said the lawsuit will be filed early Friday morning in Salt Lake City's federal court.
According to a draft of the suit, released Thursday, the family alleges that Darrien Hunt's civil rights were violated Sept. 10, when he was shot six times by the two officers, Cpl. Matt Schauerhamer and Officer Nicholas Judson, after they responded to a 911 caller who reported a man walking with a samurai-style sword near Redwood Road and State Road 73.
The draft says Hunt had a right to carry the sword and that he was "peaceful and nonthreatening at all times."
"When the defendant officers confronted him, they improperly demanded that he surrender his sword in violation of the Second Amendment to the United States Constitution," the suit states. " ... When he declined to do so, they improperly used deadly force to detain him by opening fire on him. Next, they improperly used deadly force as he was fleeing by opening fire on him. Thereafter, they again improperly used deadly force on him by shooting him in the back while he was falling down or already down, and killing him."
Saratoga Springs spokesman Owen Jackson declined to comment on the draft, saying Thursday that city officials cannot speak publicly about pending litigation.
'Cosplay' • The family's lawyers — Sykes and Karra Porter, who represents father Curtis Hunt — claim in court papers that Hunt was violating no laws as he walked around Saratoga Springs with the "katana" sword. Hunt was dressed similarly to an anime character, the attorneys noted, adding that Salt Lake City's Comic Con convention had been held days earlier when many people "cosplayed," or costume played, with various types of swords in public.
Before Schauerhamer or Judson made contact with Hunt, he was wearing headphones and listening to music, according to the attorneys. He was walking calmly with the sword sheathed.
The draft suit alleges Judson escalated the encounter by approaching Hunt in a "confrontational manner," parking his car at an odd angle and yelling at the 22-year-old, asking him why he was toting a sword.
Hunt did not hear the shouting, the suit states. His first interaction was with Schauerhamer, who reportedly offered Hunt a ride to Orem if he would put his sword on the hood of the patrol car.
Hunt refused.
"Darrien was not combative or argumentative," the lawsuit reads. "He simply did not want to give Schauerhamer his sword."
Schauerhamer later told investigators he had no intention of taking Hunt to Orem. He said he offered the ride in an attempt to get Hunt to relinquish the sword.
The two officers, cleared by prosecutors in the shooting, offered investigators conflicting accounts of when Hunt allegedly unsheathed the sword: Judson said Hunt lifted the sword upward and swung at Schauerhamer, while Schauerhamer recalled that Hunt drew the sword and "jumped" at Judson.
That was when both officers fired their guns. Schauerhamer shot twice, while Judson squeezed off a single bullet.
Hunt then ran away, and the two officers gave chase. Schauerhamer would fire his gun four more times before Hunt collapsed by a nearby Panda Express.
Hunt's family denies Darrien swung his sword at either officer, saying that even if he did, "it was a single motion that did not strike either officer and was followed by Darrien immediately turning and running away."
Cover-up alleged • The lawsuit claims that Schauerhamer and Judson "engaged in efforts to cover up [their] unlawful actions" after the shooting. The family accuses Schauerhamer of falsely asserting that Hunt was running at a "dead sprint" when he fired the three final shots at Hunt while he was fleeing.
"In reality, Darrien's pants had already fallen around his legs," the lawsuit reads. "Darrien was stumbling and falling to the ground, and Schauerhamer was easily catching up to him."
The family's attorneys pointed to Hunt's autopsy report, which showed that two shots had struck Hunt's hip. There were no bullet holes in Darrien's pants, however, only his shirt and underwear.
As for Judson, the lawsuit alleges that he falsely said that Schauerhamer shot at Hunt while the man was lunging at him with a sword over his head and that it was after shots rang out that Hunt began running away.
"In reality, Darrien was already running away before any shots were fired," the lawsuit reads, "as attested to by virtually all the witnesses."
Judson was wearing a body camera at the time but said he forgot to turn it on. The camera was released to the Saratoga Springs police on the day of the shooting, according to the lawsuit, but was not checked for footage until more than two months later. Prosecutors said they found no video of the shooting on the camera.
What the family wants • Along with an unspecified amount of money, the Hunt family is also asking for several actions to be taken against the two officers and the police department. The family wants a declaration and judgment that the shooting was unconstitutional and that Saratoga Springs be ordered to equip its police officers with body cameras. In addition, the family wants the officers ordered to carry nonlethal weapons while on patrol and that they receive training regarding the use of lethal force.
Utah County Attorney Jeff Buhman ruled in November that the two officers were justified in using deadly force against Hunt because they believed the man might harm or kill them or others.
Twitter: @jm_miller