The family of a man who was shot and killed during a traffic stop last February filed a wrongful death lawsuit in federal court.
Manchester, Kentucky native Randall Lockaby, 57, was stopped along I-75 in Kenton County for speeding. Two Villa Hills police officers, Sean Dooley and Jacob Bolten, asked him to step out of the car. Lockaby pulled out a gun while exiting his vehicle and was subsequently shot.
Lockaby died from his injuries at a Florence hospital.
The Estate of Randall Lockaby and estate administrator Frieda Lockaby are the plaintiffs in the lawsuit. The estate is suing the City of Villa Hills, the Villa Hills Police Department, and Officers Dooley and Bolten. The estate is being legally represented by David B. Brewer out of Hamilton, Ohio.
The lawsuit alleges the Villa Hills police officers violated Lockaby’s constitutional rights and overstepped their authority by using excessive force. Both officers were cleared of wrongdoing last March.
The lawsuit states that Bolten initiated the traffic stop. The radar equipment used to justify the stop was not maintained or calibrated, the suit alleges.
Though backup was not requested, Dooley arrived at the scene at 10:57 p.m. At 10:58 p.m. Bolten exited his vehicle, approached Lockaby’s vehicle and asked for his license and registration from the driver’s side of the truck.
Dooley approached Lockaby’s vehicle on the passenger’s side. At 10:58 p.m. Bolten returned to his vehicle to run a background check on Lockaby. Dooley walked to the driver’s side of Lockaby’s vehicle, where he proceeded to question him. Throughout the duration of the questioning, Dooley stated that Lockaby would only receive a warning for speeding, the lawsuit says.
The lawsuit goes on to state the conversation between Lockaby and Dooley was “relatively calm.” Lockaby allegedly laughed at one point and offered Dooley some chewing tobacco.
At 11:03, Dooley requested that Lockaby consent to a search of his vehicle. Lockaby denied consent. Dooley then questioned Lockaby’s allegedly nervous behavior. Lockaby denied he was exhibiting nervous behavior. At 11:04 p.m., Dooley said, “You know what I do for a living? I catch drug dealers and drug smugglers.”
At 11:05, Dooley believed he had enough probable cause to run his K-9 around Lockaby’s vehicle and requested Lockaby to exit his car.
As Lockaby was exiting his vehicle, he pulled a handgun from his back area and pointed the gun up before pointing it down.
When Dooley observed the handgun, he slammed the driver’s side door on Lockaby’s right side. He then ran to the front of the vehicle while shooting several times at Lockaby, the lawsuit says. Bolten also fired at Lockaby.
Lockaby never discharged his gun. He was shot several times and died from wounds inflicted by the gunshots. Lockaby’s truck was impounded, searched and no drugs were found.
Lockaby was a convicted felon and wasn’t legally allowed to carry a firearm. In 2014, Lockaby pleaded guilty to possessing a firearm not to be carried without a license in Allegheny County, Pennsylvania.
A month after the shooting, Kenton County Commonwealth Attorney Rob Sanders stated Dooley and Bolton were justified in their use of deadly force. Sanders came to his conclusion after a review of a Kentucky State Police Investigation.
The plaintiffs are requesting for a trial by jury, judgment against the defendants for a reasonable sum for compensation, pre and post judgment interest, punitive damages and any and all other relief to which the plaintiff appears entitled.
