Federal jury finds Menomonee Falls officer used excessive force in 2018 shooting, awards man $150k in damages
A Menomonee Falls Police officer used excessive force when he shot a suspect who had fled after not paying for gas nearly five years ago, a federal jury found Tuesday.
The verdict came after a two-day trial and two hours of jury deliberations, according to court documents. Devon Evans was awarded $150,000 in damages. Evans was shot three times by police and later filed a civil rights lawsuit.
The village's insurance carrier will pay the damages. The officer, Eric Hansen, who is still employed by the Menomonee Falls Police Department, will not be required to pay.
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The civil case stems from a Nov. 6, 2018 incident during which Evans drove away from a Menomonee Falls convenience store without paying for gas. After ditching the vehicle, he fled on foot and broke into a home. The lone occupant was chased by Evans, who then fled outside and was confronted by police and shot soon afterwards, criminal complaints and court records say.
Attorneys on each side gave differing accounts of what happened.
Evans' attorney, Shawn Barnett, said his client hid in a backyard behind a grill and was shot as he was trying to surrender. Hansen fired nine shots, three of which struck Evans from behind.
"We're not saying the officer went out to kill anybody that day, but officers make errors and every police officer-involved shooting with potential use of force by an officer should be carefully scrutinized," Barnett told the Journal Sentinel.
The jury's decision comes four years after the Waukesha County District Attorney's Office issued a letter that cleared Hansen of any misconduct related to the shooting. In that letter, Hansen reportedly told investigators he observed an "elongated black object in (Evans') hands" that could've been a long gun.
The object turned out to be a foot-long hammer, according to the letter. No firearm was found in the area.
No body cameras were activated during the incident, according to the civil complaint.
"Any reasonable person in the position of the officer would have determined that there was an imminent danger of death or great bodily harm to himself and others," Waukesha County Deputy District Attorney Lesli Boese wrote in the 2019 letter.
"This is based on Evans' repeated refusal to stop and obey various officers. Evans demonstrated a clear unwillingness to stop for anybody or anything. Thus, use of deadly force was objectively warranted," Boese wrote.
Barnett said he had questions about the investigation.
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"I don't think they held up the statement from the officers to much scrutiny," he said. "Mr. Evans was shot three times, and one went through his forearm bone, shattering the bone, and he was under heavy medication when officers interrogated him. The officer who questioned him wasn't questioned until three days later with his attorney present. I don't think any officers were confronted about any inconsistencies in their statements. That just needs to happen.
"Several other officers who testified also said they believed Mr. Evans was carrying something. They didn't say it was a rifle but they tried to support what the officer who ended up shooting Mr. Evans in the back area. The federal jury heard all of this testimony and rejected it. They found in favor in of Mr. Evans, an unarmed black man who was shot three times."
Evans is serving at least another two and a half years for the crimes he committed prior to the shooting, which include three felonies and five misdemeanors.
"To have a jury find that this shooting was unjustified when so many police officers came in to testify, it was a little surprising because I do think people still credit law enforcement testimony and believe that police officers don't unreasonably shoot people," Barnett said. "Some of the things Mr. Evans did were not sympathetic. He made a series of poor decisions, but I'm glad the jury saw past that and evaluated the evidence and rejected the officer's claims and found the officer used excessive force. They followed the law and rendered a just verdict."
Menomonee Falls Police Chief Mark Waters told the Journal Sentinel the department "is extremely disappointed with the jury’s decision. He described Evans as a "habitual criminal offender," whose actions on that day "were reckless and threatened the safety of the general public."
"MFPD officers conducted a vehicle and foot chase in an attempt to apprehend him following multiple serious criminal violations including theft, fleeing and breaking into a residential home," Waters said in an emailed statement. "Officer Hansen reasonably feared for his life and the lives of the other officers prior to firing his weapon. The Waukesha County District Attorney’s office ruled that Officer Hansen’s use of force was justified. We fully support Officer Hansen and are fortunate to serve a community that supports its law enforcement officers.”
Hansen's attorneys, from the Wauwatosa law firm Wirth & Baynard, said they plan to explore appeal options.
They also issued a statement:
"As trial attorneys, we respect the difficult decisions we ask jurors to make with limited information. We also recognize that police officers are often forced to make split-second judgments—in circumstances that are tense, uncertain and rapidly evolving—about the amount of force that is necessary in a particular situation. On November 6, 2018, Devon Evans stole gas, fled from a traffic stop, drove at speeds in excess of 70 miles per hour, struck two vehicles, smashed his way into someone's home, chased the homeowner through the home, and just 20 seconds before Officer Hansen fired his weapon, Devon Evans threatened to shoot officers. This incident was investigated by the Waukesha County Sheriff's Department and the Waukesha County Office of the District Attorney who concluded Officer Hansen's use of force was warranted."
This article originally appeared on Milwaukee Journal Sentinel: Jury awards $150K to man shot in 2018 by Menomonee Falls officer
