WYOMING, Ohio — The parents of a man who was shot and killed by Wyoming officers last year are suing, claiming his death was wrongful.
Joseph Frasure and Lisa Fisher filed a lawsuit against the City of Wyoming and three of its police officers on Feb. 23 after their son, Joe Frasure was shot by police.
On Jan. 30, 2023, three Wyoming officers responded to a home on Durrell Avenue around 12:40 a.m. for the report of a possible burglary, according to the Hamilton County Sheriff's Office.
When they arrived, they encountered Joe Frasure and his father, Joseph, in the back of a vacant home, Sheriff Charmaine McGuffey said.
Family members at a vigil for Frasure held shortly after the incident told WCPO that the two were not burglarizing the house, saying it belonged to a relative who had recently died.
Investigators said the two men did not respond to officers' commands and attempted to leave the scene. Wyoming Police Chief Brooke Brady said body-worn cameras captured Frasure refusing to exit a minivan at the back of the driveway. Brady said Frasure then reversed the vehicle "at a high rate of speed" before hitting a tree and accelerating toward the officers.
You can watch the body cam video of the incident below:
Melissa Powers, Hamilton County's prosecutor, said officers fired roughly four shots at Frasure before he crashed the minivan into the building; three hit the vehicle and "at least one shot" hit Frasure. She said she did not know whether any other shots hit him.
Frasure was then pulled from the vehicle and taken to UC Medical Center, where he later died.
On Feb. 3, 2023, the Hamilton County Prosecutor's Office announced that the Wyoming officers who shot and killed Frasure would not face charges.
Powers said that it didn't matter if Frasure was just attempting to flee, because in the end Wyoming officers were given cause to fear for their lives as Frasure accelerated the van in officers' direction multiple times. Officers were unable to be sure they could safely get out of the vehicle's path because the incident happened in a tight, enclosed space, Powers said.
Joseph and Lisa are seeking compensatory and punitive damages for actions they believe violated their constitutional and state law rights. In the suit, they also claim that excessive force was used and that there was a failure to adequately train the officers.
The lawsuit claims the three Wyoming officers had their guns drawn on the two men upon arrival before identifying themselves and that one of the officers was also shining a light in Frasure's face.
In the suit, Frasure's parents also said that after officers shot at the van, one officer turned, pointed a gun at Joseph's head and instructed him to get on the ground or he would shoot. The family claims that Joseph was standing outside of the van with his hands up the entire time.
The lawsuit claims that during the incident, Frasure and his father never presented as an immediate threat to themselves or others, including the three officers. In addition, according to the filing, Joseph and Fisher state that the two were never committing a crime or in possession of a weapon.
In addition to filing the suit, the family also hired Lawrence Hunter, a retired Waterbury Police Department captain, to be an expert witness and provide input on the incident.
After analyzing the body-worn camera footage, the officer's interviews, crime scene photos, the Hamilton County press release and more, Hunter said, "It is my expert opinion that Officers Drew Jones and Officer Jordan Batts used force in excess of best practices and national standards. All three officers could have used more wisdom in de-escalation techniques."
Read more:
Coroner: Man shot by police in Wyoming died
Prosecutor: No charges against Wyoming officers who fatally shot man
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