Sheriff's deputy files 'rare' lawsuit against man who shot him at Buncombe County jail
ASHEVILLE — Buncombe County Sheriff's deputy William Johnston is suing a private resident for damages after Johnston said he was shot in the shoulder May 7 at the Buncombe County Detention Facility — a type of lawsuit the deputy’s lawyer has called “rare.”
Johnston filed a civil summons against Ryan Ricky Houston Aug. 2, suing him for damages on four counts including assault, battery, intentional infliction of emotional distress and gross negligence. Johnston is seeking an excess of $25,000 from Houston for damages.
“That’s what the North Carolina rules of civil procedure require us to put in the complaint,” Johnston’s lawyer, David Wijewickrama, told the Citizen Times Sept. 21. When asked what Johnston is actually seeking, he said, “whatever a jury awards.”
In an answer filed Sept. 19, Houston through his attorney, Ted Besen, denied all allegations except that Houston is a resident of Buncombe County, the civil action is regarding events in Buncombe County and that he owns a Ford Expedition and a lawn business called “Lawn N Order.”
The Citizen Times attempted to reach Besen, but he was unavailable before press time.
Though he doesn’t know when it will happen, Wijewickrama said it is possible, although not likely, for the civil trial to happen while Houston’s criminal charges are still pending. However, he was certain about one thing: “We are going to a jury trial. We are going to try this case.”
“There may be some very interesting legal issues that arise in this case,” Wijewickrama said. “You don’t see cases like this often. You see citizens in the community suing law enforcement, you don’t every day see this. … And there’s all sorts of interesting things that come out of this.”
More: No charges for deputy involved in gunfight in downtown Asheville jail: Buncombe DA
According to an online jail database, Houston has once again been released from jail. Following his May arrest, Houston posted his original $1.5 million bond and was released to pretrial Aug. 1. Houston was arrested again Aug. 7 for a pre-trial release violation and given a bond of $2.7 million. He posted bond a second time and was released on Aug. 17, according to BSCO spokesperson Christina Esmay. Houston was later taken into custody for a misdemeanor injury to personal property charge on Sept. 6 and was released on a written promise that same day, according to Esmay.
Authorities say Houston walked into the lobby of the Buncombe County Detention Facility at 20 Davidson Drive, at about 1:40 a.m. May 7, and, according to the civil summons document, started communicating threats to his wife. Johnston, the deputy, attempted to speak with Houston and de-escalate the situation, but Houston became "further enraged" with the deputy, according to the court document.
More: Newly obtained records: May jail gunfight involved female driver, juvenile, love triangle?
When Johnston and APD officer Megan Hansford approached to arrest him, Houston "resisted arrest and an altercation ensued," according to a sheriff's office news release. Houston produced a firearm and shot Johnston in the shoulder. Johnston returned fire and struck Houston, who fled the scene.
Houston was later taken into custody at Mission Hospital around 2:29 a.m. May 7, according to police call logs. He was charged with attempted first-degree murder, assault on a law enforcement officer with a firearm and multiple other offenses including three counts of misdemeanor assaultive child abuse, according to the detention center database.
Houston’s next court date is on Nov. 9 for his misdemeanor injury to personal property charge, according to an online court database.
Ryley Ober is the Public Safety Reporter for Asheville Citizen Times, part of the USA Today Network. News tips? Email Ryley at rober@gannett.com. Please support local, daily journalism with a subscription to the Citizen Times.
This article originally appeared on Asheville Citizen Times: Deputy files 'rare' lawsuit against man who shot him at Asheville jail
