WASHINGTON COURT HOUSE, Ohio — The Washington Court House Police Department officer involved in an Oct. 1, 2023 taser incident that resulted in a suspect’s death has been sued in federal court by the deceased’s estate.
A suit was filed Monday in U.S. District Court in the Southern District of Ohio, in Columbus, which states that Timothy West, age 35, died following a taser incident.
On Oct. 1, West was a passenger in a vehicle driving down Gregg Street when Officer Trevor Phillips tried to pull the car over for a traffic violation, according to the complaint filed. West ran from the car after it stopped, causing Phillips to chase him and unholster his taser.
West ran into an enclosed area with no escape, turned back and ran toward Phillips. The lawsuit alleges Phillips, without verbal warning, fired his taser into West’s head at close range. West fell to the ground unconscious and not breathing. The lawsuit alleges that instead of checking on West, Phillips shot a second taser barb into West’s back sending electrical current into his body. West was then rolled over and handcuffed.
According to the suit, several minutes passed before any medical attention was provided by either Phillips or other responding officers, to include checking for a pulse or giving CPR.
The complaint alleges that Phillips used excessive force and violated West’s rights by not providing medical aid. No weapons were observed or displayed by West, according to the lawsuit.
The Washington Police Department requested BCI (Bureau of Criminal Investigation) to investigate the incident. A letter from BCI Special Agent Steven Seitzman reported that Phillips attended Southern State Community College basic police academy training from Oct. 9, 2019 through June 7, 2020. He took the state police exam on Aug. 23, 2020. Phillips joined the Washington Police Department Dec. 25, 2020. The investigation found Phillips acted within policy, and the Fayette County Prosecutor declined to press charges.
“After review of the video, the interviews conducted, the coroner’s report, and all other evidence, this office and I specifically find that there are no charges appropriate to present to a Grand Jury in this matter,” Fayette County Prosecutor Jess Weade wrote in the letter.
Weade went on to write, “In this matter, there is no probable cause that the actions or any perceived inactions of Ptl. Phillips constitute any criminal offense, and presenting this case to a Grand Jury would be a violation of the Ohio Rules of Professional Conduct that binds all attorneys including myself. Therefore, this office declines to prosecute this case. Ptl. Phillips was acting within the scope of his duties as a peace officer in the State of Ohio, and the death of Timothy West, while unfortunate does not constitute criminal behavior on the part of Ptl. Phillips.”
The lawsuit alleges wrongful death and seeks accountability, compensatory and punitive damages, costs and attorney fees, and other relief under Ohio law. A jury trial has been requested.
The case has been assigned to the Honorable Edmund A. Sargus, Jr.
Washington Court House City Manager Joe Denen said, “no comment” and Police Department Chief Jeff Funari was unavailable for comment.
