$5 million lawsuit filed against Aug. Co. deputies in Waynesboro man's death

HARRISONBURG - A federal lawsuit seeking more than $5 million has been filed by the wife of a Waynesboro man who died in 2016 after an incident involving three employees with the Augusta County Sheriff's Office, court records show.

Donnie L. Roberston, 54, lost consciousness while being handcuffed at his home at 184 Turk Mountain Lane on Sept. 2, 2016. He died three days later.

At the time of his death, Augusta County Sheriff Donald Smith issued a press release stating Robertson had become combative and was not heeding commands to calm down, resulting in his arrest.

The lawsuit contends Robertson was killed by Cpl. C.J. Dietz after the deputy placed his leg on the back of the Waynesboro man's neck for up to four minutes.

Wrongful death, excessive force alleged

According to scanner traffic recorded by The News Leader the day of the incident, authorities were called out to Turk Mountain Lane for an overdose involving a "disorderly patient."

Based on the lawsuit, Robertson had swallowed eight pills of Wellbutrin, a depression medication, enough to cause a fatal overdose. His wife called 911.

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When Dietz arrived at the home, he met Robertson's wife on a side porch, where she told him her husband needed medical assistance, the lawsuit states. Dietz told her to bring Robertson outside, and noted her husband had a reputation for having "an attitude," according to the lawsuit.

The wife again explained he needed medical treatment and that the incident wasn't a criminal situation, the lawsuit states. Feeling the effects of the drugs, Robertson came outside and was "scared, disoriented, and upset."

The lawsuit claims Dietz immediately became aggressive and shouted at Robertson, who was confused and began walking away from the corporal. When Dietz ordered Robertson not to walk away, he drew his "nightstick" as Robertson approached him. Dietz then ordered Robertson to keep his distance and Robertson walked away, the lawsuit contends.

Robertson's wife pleaded with Dietz not to harm her husband, but Dietz reportedly continued to antagonize him, according to the lawsuit.

"For the majority of the incident, Mr. Robertson was walking in circles around his yard ignoring both Ms. Robertson and Defendant Dietz," the lawsuit claims.

The lawsuit said it was clear that Robertson was suffering a mental episode. His wife called 911 two more times to ask when medics would arrive.

As Robertson continued to walk in circles, Dietz was following him in an attempt to restrain him when two deputies — Andrew Heizer and Jonathan Wells — showed up on the scene, according to the lawsuit. Robertson eventually tripped on a tree root and fell to the ground.

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As Robertson tried to get up, Dietz allegedly put his knee on his back, forcing him to the ground. He then reportedly kneeled on the back of his neck as Robertson flailed, suffocating him until he turned blue in the face, the lawsuit contends. Dietz reportedly had his knee pressed on Robertson's neck for three to four minutes, "slowly killing him," the lawsuit states.

Heizer and Wells are accused in the lawsuit of doing nothing to stop Dietz.

After Robertson had stopped moving, he was placed in handcuffs. When the deputies rolled him over, he was not breathing and his lips were blue, the lawsuit said.

"By the time the rescue squad arrived, Mr. Robertson had suffered severe, life threatening injuries at the hands of Defendant Dietz," the lawsuit said.

Robertson suffered cardiac arrest on his way to Augusta Health, the lawsuit said, and died three days later. A medical examiner listed the cause of death as “cardiac arrhythmia due to uncertain etiology during physical restraint by law enforcement," according to the lawsuit.

Citing false arrest, excessive force, gross negligence, bystander liability and wrongful death, among other allegations, the lawsuit seeks in excess of $5 million.

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On Tuesday, a spokesperson for Augusta County Sheriff Donald Smith said he could not comment on the federal lawsuit.

Following Robertson's 2016 death, Smith issued a press release that said, in part, that he was "gesticulating wildly" and would not calm down. Robertson charged at deputies before stopping, and while retreating he fell down, Smith said, at which point he continued to be "combative" before being handcuffed and taken into custody.

Smith said after Robertson was handcuffed, deputies noticed he was having a medical emergency. Smith said the handcuffs were immediately removed as deputies administered CPR until a rescue squad arrived, the press release said.

Heizer no longer works for the sheriff's office, according to a county official, while Dietz and Wells are still employed there.

More: Turk Mountain Road 911 call prior to man's death