The Columbus Dispatch
In the absence of a criminal case, a Franklin County judge is allowing a civil lawsuit to move forward against the Columbus police officer who fatally shot Donovan Lewis.
Columbus K-9 officer Ricky Anderson shot 20-year-old Lewis once in the abdomen while serving an arrest warrant on Aug. 30, 2022 inside Lewis’ Sullivant Avenue apartment.
Nearly 10 months later, Lewis’ family is frustrated that special prosecutors appointed by Franklin County Prosecutor Gary Tyack have not brought the matter before a grand jury for consideration of possible criminal charges.
Rebecca Duran, Lewis’ mother, filed a civil lawsuit in February against Anderson and four other Columbus Division of Police officers who were present.
Columbus city attorneys representing the officers had asked Franklin County Common Pleas Judge Karen Phipps to postpone the case indefinitely while the criminal process played out. Phipps denied the defendants’ motion on Tuesday.
“Should the Grand Jury return an indictment, thereby initiating a criminal case against Defendant Anderson, the Court would reconsider imposing a stay at that time,” Phipps wrote in her decision.
This means the civil case can proceed “full-steam ahead” and attorneys can depose Anderson and others, said Rex Elliott, one of Duran’s attorneys.
“We’re going to depose Ricky Anderson and the other officers, dig deep into this case and demonstrate this was an unlawful killing of an unarmed Black kid,” Elliott told The Dispatch.
A spokesperson for Columbus City Attorney Zach Klein’s office said Wednesday afternoon that with the civil case pending, the office has no comment at this time.
Tim Merkle and Gary Shroyer, both former senior assistant Franklin County prosecutors, have been retained by Tyack’ office to review the case and bring it before a grand jury. The grand jury will decide if probable cause exists to support any criminal charges against Anderson.
Merkle told The Dispatch on Wednesday that they don’t think it is appropriate to comment on a pending matter, including on when they may go to a grand jury.
Elliott said Duran would still like the fatal shooting to go before a grand jury as soon as possible, but in the meantime, they are seeking justice with this civil lawsuit.
“Donovan’s not here, but he’s got a son who was just born in March and this little baby boy Donovan Jr. has to live his entire life without his dad,” Elliott said.
The lawsuit
Duran, as executor of her son’s estate, is seeking compensatory and punitive damages, according to the lawsuit.
The complaint alleges seven counts against Anderson, a 30-year veteran of the Division of Police, including wrongful death, breach of duty and deprivation of Lewis’ state constitutional rights.
The lawsuit also names as defendants Columbus police officers Chance Knox, Harry Dorsey, Jack Randall and Justin Dodrill. All five officers are accused of violating Andre’s Law, which requires Columbus police officers to provide immediate medical aid, something that the lawsuit alleges did not occur in Hill’s case.
The shooting
When Columbus police went to Lewis’ apartment on Aug. 30, they had multiple arrest warrants for Lewis, including misdemeanor charges filed in connection with an Aug. 10 domestic violence and assault incident involving Lewis’ girlfriend, court records show.
Police body camera video shows Lewis did not answer repeated knocks on his apartment door by officers for about 10 minutes. One of two other young men inside the apartment eventually let officers in. Those two were taken into custody, placed in handcuffs and left sitting on the walkway to Lewis’ second-floor apartment.
Anderson unleashed the K-9 he was handling and the dog turned a corner in the apartment, where it appeared to encounter a person who audibly expressed surprise. The bedroom door to the apartment can be heard closing.
Anderson called the K-9 back and leashed the dog, then entered the apartment with at least two other officers while warning they would release the dog.
Anderson and a police sergeant approached the closed bedroom door and Anderson leashed the K-9.
Anderson opened the bedroom door as Knox yelled “hands” and pointed his weapon with a flashlight at Lewis, who began to sit up in bed. Within a second of the door opening and Knox’s command, Anderson leaned around into the open door and shot once, striking Lewis in the abdomen, body camera video shows.
