[T]he city of Burlington and its police department are asking that a lawsuit involving the shooting of a mentally ill man be dismissed.
In November 2013, two Burlington police officers responded to a 911 call from Wayne Brunette’s mother who said her son, who she identified as having mental illness, was behaving erratically. Upon their arrival at the home, the officers tried to talk to Brunette, who, minutes later, emerged from the garage wielding a shovel, court records say.
Witnesses and the officers say Brunette advanced toward the officers with the shovel. A few seconds later, Burlington Police Cpl. Ethan Thibault shot Brunette four times.
Chittenden County State’s Attorney T.J. Donovan decided not to press criminal charges against the officers the following month. Barbara Brunette filed a lawsuit in March against the Burlington Police Department, the city, the two officers and Police Chief Michael Schirling on eight counts related to her husband’s death.
The defendants responded to the lawsuit this week, filing a motion to dismiss the suit in the U.S. District Court in Burlington.
“All sides acknowledge that the incident before the court is a tragedy,” the dismissal motion states. “However there is no basis in law for the court to grant recovery on the claims alleged against these defendants in this case.”
The motion states that Thibault acted “in accordance with the policy and the law” when he shot Brunette, citing testimony from witnesses that Brunette was only three or four feet from Thibault at the time he fired his weapon.
According to the motion, the other officer who responded to the call, Cpl. Brent Navari, felt threatened by Brunette’s “vacant, angry stare.”
The defendants also challenge Barbara Brunette’s allegation that the Burlington Police Department does not provide adequate training to officers for dealing with individuals who are experiencing a mental health crisis.
Brunette’s suit contends that the Burlington Police Department failed to adequately train emergency staff in the face of rising rates of incidents involving mental health crises. However, the defendants argue that the Burlington Police Department has been “proactive and creative” in dealing with mental illness.
Brunette’s lawyers have not yet responded to the motion.
