Margaret and Michael Byers, co-administrators of the estate of Charles Byers, sued Corporal Gordon Painter under 42 U.S.C. § 1983 for excessive force. The district court denied Painter's motion to dismiss, ruling that Painter was not entitled to qualified immunity because Byers did not pose a threat to the officers or to others in the moments immediately before he was shot.
The incident occurred on July 8, 2023, after Byers, who suffers from schizoaffective disorder, wandered into a Chesterfield County neighborhood. Police responded to reports that Byers had attempted to break into homes and vandalized one.
When officers arrived, they found Byers barefoot in a driveway holding a hatchet at his side. After officers ordered him to drop the weapon, Byers moved into the street and began backing away. He asked an officer, "[y]ou got a big ass handgun?" and told them to "come get it" when ordered to drop the hatchet.
An officer on the scene fired a taser, though it is unclear if it hit Byers. Byers remained standing and continued to back away, keeping the hatchet at his side.
Approximately 25 feet away, while Byers was looking over his shoulder, Officer Painter fired three shots. Byers then turned and ran down the street. Painter fired three or four additional shots, hitting Byers in the back. Byers fell and was handcuffed; he died shortly thereafter.
The Fourth Circuit noted that while the district court erred by limiting its inquiry to the moments immediately before the shooting, the appellate court affirmed the denial of qualified immunity based on the totality of the circumstances.
The court held that Painter's use of deadly force was unreasonable and that the Fourth Amendment violation was clearly established law at the time of the incident.