Deven Guilford's family files federal lawsuit in teen's death

EATON COUNTY — The family of a 17-year-old Mulliken teen shot who was shot and killed by an Eaton County Sheriff's sergeant following a February traffic stop has filed a federal lawsuit against the county and the police officer.

The lawsuit was filed by attorneys for Deven Guilford's family Wednesday.

Guilford's parents, Brian and Becky Guilford, said in a statement that their trust in law enforcement was "shaken to the core" by the shooting.

"As we take this action today we are outraged at the huge miscarriage of justice done to our son Deven Guilford," they said.

The lawsuit comes four months after Eaton County Prosecutor Doug Lloyd cleared Sgt. Jonathan Frost of criminal wrongdoing. Frost shot Deven Guilford, who was unarmed, seven times during the traffic stop.

The lawsuit, filed in U.S. District Court for the Western District of Michigan against Frost and Eaton County, alleges that Frost's "entire course of action was illegal and in violation of Deven's constitutional rights."

"Deven's tragic and totally unnecessary death represents a disturbing trend of demanding 100 percent compliance with police authority, coupled with zero tolerance of risk of harm to police officers," said Cynthia Heenan of Constitutional Litigation Associates, P.C., a Detroit law firm specializing in police misconduct litigation and representing the family, in a statement.

The lawsuit asks for a jury trial but does not seek specific monetary damages.

Theresa O'Dell, executive assistant to Eaton County Sheriff Tom Reich, said county officials have been advised not to comment by their legal counsel. Eaton County Controller John Fuentes also declined to comment on the lawsuit.

Frost, an eight-year veteran, initiated the traffic stop around 8 p.m. Feb. 28 on M-43 in Roxand Township after Guilford flashed his bright lights at Frost because he thought Frost's brights were on.

According to his family, Guilford was driving home from a basketball game at Liberty Church in Grand Ledge and was on his way to his girlfriend's home to watch movies.

A Michigan State Police investigation of the shooting included the review of video of the stop, both from Guilford's cell phone — the teen was recording the traffic stop — and Frost's body camera. Frost's new patrol vehicle did not have a dash camera, according to Lloyd.

Guilford refused to give Frost his driver's license, registration and proof of insurance, which would have been a misdemeanor, according to Lloyd. It was later determined Guilford's license was with his girlfriend. Frost declined requests from Guilford for his badge number.

Frost pulled Guilford from the vehicle, and ordered him to lay on his stomach next to his vehicle. When Guilford would not put both his hands behind his back as Frost was attempting to handcuff him, Frost fired his stun gun into Guilford. The stun gun wasn't fully effective because only one of two probes embedded into Guilford, according to Lloyd.

Lloyd says the investigation determined an altercation then ensued, which ended in a snow-filled ditch. Guilford was shot seven times. There is no video of the final moments of the traffic stop. Frost's body camera came off during what Lloyd said was a struggle. Guilford's cell phone remained on the pavement, recording audio of the gun shots but did not capture video of the shooting. Frost was treated for facial injuries at a local hospital and released.

Toxicology results showed that THC, the active ingredient in marijuana, was in Guilford's system at the time of the stop.

See a timeline of the stop here.

In their statement Wednesday, the Guilford family said Deven was "puzzled and confused about why he was pulled over and why he was being confronted and ultimately arrested by the officer."

The suit alleges that "at least three vehicles" flashed their headlights at Frost the night of the stop. Frost stopped all of them, it states, but issued no citations.

The suit alleges that all three stops were illegal.

"The officer did nothing to calm or deescalate the situation," the statement continues. "Instead, Frost rapidly became argumentative and agitated when Deven asserted that the officer had been driving with his high beams on and resisted producing his ID."

Aaron Guilford, Deven's brother, called his death "senseless."

"I don't understand how an innocent situation can escalate so much to end in the death of a harmless kid," he said in a statement. "Deven was listening to Frost's commands, he never swore or used any profane language. He was confused and he never received any respect in return."

County likely to pay for Frost's defense

It's typical — although not automatic — for a municipality to cover an officer's legal expenses even if the agency is not a defendant, according to Julie Hurwitz, a Detroit-based civil rights attorney who has handled many lawsuits involving government misconduct.

Fuentes told the State Journal in June that the county is insured through the Michigan Municipal Risk Management Authority, a self-insurance pool for public agencies. It is obligated to pay the first $150,000 of the cost of defending a lawsuit through a system known as "self-insurance retention," he said. Coverage is capped at $15 million per incident, he said.

Over the past five years, the county has paid out a total of $42,000 in three legal settlements involving the sheriff's department, Fuentes said. During that same period, six other cases were closed with no payout by the county, he said.

An internal investigation into the shooting released in August determined that the sergeant followed Eaton County Sheriff’s Office “regulations, general orders and training.”

It did, however, recommend the department “re-emphasize” training on stun gun use and continue to place an emphasis during training on communication and “defensive ground fighting tactics.”

But the lawsuit alleges that Frost's actions "were carried out as a part of the custom, policies and practices of the Eaton County Sheriff’s Department, which included a failure to train, supervise, discipline or properly instruct its officers in the laws of the State of Michigan regarding flashing headlights, civil infraction traffic stops, arrests, use of force, use of weapons and use of tasers..."

Supporters of the Guilford family are planning to hold a rally at the State Capitol from 2 p.m. to 5 p.m. Oct. 24.

Contact Rachel Greco at (517) 528-2075 or rgreco@lsj.com. Follow her on Twitter @GrecoatLSJ.