[no matter what the law says Blacks are prohibited from possessing guns] $30M Suit says White Culpepper Cops Fatally Shot Ellis Frye w/o Provocation on His Porch. Army Vet Had a Rifle, Posed No Threat

From [HERE] The widow of a Black Culpeper County man fatally shot on Thanksgiving Day 2020 outside their home by a Culpeper sheriff’s deputy has filed a $30 million wrongful death and excessive force civil rights lawsuit in the U.S. District Court in Charlottesville. The Black man was an Army veteran and grandfather who worked as a master mechanic, according to his obituary.

Plaintiff Debi Frye entered the complaint Nov. 26, 2022, exactly two years after the death of her husband, 62-year-old Ellis Acy “Buck” Frye Jr., at their home in the 13000 block of Brock Lane. Alexandria attorney Malik N. Drake is representing the Frye estate.

The lawsuit claims the Culpeper County Sheriff’s Office has a history of unreasonable and disparate use of force against Black men.

The suit alleges the willful and wanton killing of Ellis Frye by Sheriff’s Office personnel, and seeks damages for alleged constitutional violations of search and seizure, excessive force and equal protection under the law as well as claims of negligence and wrongful death. Defendants listed in the lawsuit include Culpeper County Sheriff Scott H. Jenkins, Culpeper County, the Culpeper County Board of Supervisors, the commonwealth of Virginia, the Culpeper County Sheriff’s Office and Lt. D. Dorrough.

Culpeper County, the Board of Supervisors and the state filed motions last week to dismiss the complaints against them.

Senior U.S. District Court Norman Moon last week set the matter for a jury trial. Jenkins, Dorrough and CCSO have until March 28 to file their response to the complaint.

In a message Friday, CCSO spokesman Lt. Les Tyler said the agency stands behind the Virginia State Police investigation into Frye’s death and the review of the investigation prepared by the Commonwealth’s Attorney’s Office.

The federal complaint filed by Drake states “(Frye), an African-American man, became agitated because of activities of workers at a neighboring residence.”

Debi Frye, his wife, sensing a possible confrontation between her husband and the workers, called the Sheriff’s Office, the lawsuit states.

Deputies and other CCSO personnel responded, found there was no safety threat and left, the lawsuit states. After law enforcement left, Frye’s daughter called CCSO, according to the complaint, and deputies and other CCSO personnel returned to the home. Upon their arrival, they observed Frye on his porch holding a rifle, the complaint stated. After some time, Frye went into his house. He later returned to the porch. There was no one at else at the residence, according to the complaint.

Sheriff Jenkins was among those responding to the scene, the lawsuit stated.

“After arriving to the Frye residence, CCSO personnel position themselves around the property, with firearms pointed at (Frye),” the complaint stated. “After law enforcement had been at the Frye residence for over 100 minutes, (Frye) stood up and began to walk down from his porch onto the ground below. After taking only a few steps, and without provocation, (Frye) was shot by Dorrough … in the neck and torso.”

Special prosecutor, Goochland County Commonwealth’s Attorney Michael Caudill, conducted the review in the case. The report from his office concluded the actions were “reasonable, justified, and supported by the facts and circumstances as they were known … at the time.” The report stated there was no probable cause to believe Dorrough committed any criminal offense in the shooting death of Frye.

Lawsuit cites previous encounters

The civil rights complaint referenced the shooting death of a neighbor, also an African-American Army veteran, a few months after Frye in a separate encounter with the CCSO.

The complaint further referenced a 2018 encounter between CCSO and a white man who reportedly made threats against law enforcement and fired multiple rounds from multiple weapons. CCSO never fired back or used any other force in this incident, according to the complaint.

In alleging excessive force in Frye’s death, the complaint states Dorrough and other members of CCSO brandished firearms at Frye while he sat on his porch and as he descended from his porch.

“Defendants had no reasonable suspicion to believe a crime was afoot at the Frye residence or that probable cause existed to arrest (Frye) for any crime,” the lawsuit states. “By using excessive, and ultimately deadly, force, Defendants treated (Frye) differently than similarly situated white individuals.”

The complaint alleges CCSO failed to follow its use of force policy or didn’t have one, failed to properly train personnel in the reasonable use of force and retained personnel who were known, or should have been known, to have a propensity for using excessive force.

Widow seeks $30 million in damages

The Fryes are seeking damages for sorrow, mental anguish, and solace; reasonably expected losses of Frye’s income and services, protection, and care provided by him, reasonable funeral expenses and punitive damages.

Assistant Virginia Attorney General Calvin Brown filed a March 6 motion to dismiss all claims against Virginia because the court lacks subject matter jurisdiction.

Jeremy Capps, attorney for Culpeper County and the Board of Supervisors, filed to dismiss the lawsuit March 7. The county sheriff is a separate legal entity from Culpeper County and Culpeper County is not employer of the sheriff or his staff, the motion stated.

The county is not responsible for the acts of the sheriff, cannot be held liable and is entitled to sovereign immunity from the wrongful death claim, according to the motion to dismiss.