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Kansas police officers 'shot naked woman dead in her bed after asking to see her gun'
PUBLISHED: 00:54 EST, 4 March 2016 | UPDATED: 09:04 EST, 4 March 2016
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Kansas police awoke a naked woman in her bed and then shot her to death when she complied with orders to show them where she kept her gun, according to a lawsuit filed by the woman's daughter.
In a wrongful death lawsuit, Michele Choate has sued Gardner, Kansas and three police officers for the 2015 death of her 53-year-old mother Deanne Choate, which sparked protests and rallies.
Michele Choate claims the city prefers a 'shoot-first-ask-questions-later' policy, discouraging its police from using deescalation tactics with suspects, according to Courthouse News Service.
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Kansas police awoke naked Deanne Choate, 53, in her bed and then shot her to death when she complied with orders to show them where she kept her gun, according to a lawsuit filed by her daughter, Michele Choate
In a wrongful death lawsuit, Michele Choate has sued Gardner, Kansas and three police officers for the March 26, 2015 death of her mother. The home where the shooting took place pictured above
She also alleges that the city erected a 'veil of secrecy surrounding the shooting' and that the 'city's efforts were to cast doubt on the investigation into the shootings.'
Last March, Gardner police received a 911 call from Deanne Choate's boyfriend, Andrew Musto, who said she had been drinking alcohol, was suicidal and had a gun, the complaint states.
When Officers Robert Huff, Justin Mohney and Jeff Breneman arrived at the scene on March 26, 2015, they handcuffed and arrested Musto, before removing him from the house.
The officers then found Deanne Choate, who was sleeping naked in her bed under the covers, before waking her and questioning her, according to the February 25 complaint.
'Where is the gun?' they repeatedly asked her before looking under the sheets of the bed, the lawsuit states.
They remained in the room with her, eventually giving her a sweatshirt to put on, as they continued to demand, 'Where is the gun?' and 'We know you have a gun,' according to the complaint.
Deanne Choate eventually produced a handgun, stating, 'Oh, here it is,' before officers fatally shot her, Courthouse News Service reported.
'She goes to lift her blanket and get up and the cop says 'Drop the gun. Drop the f****** gun'… Boom-boom-boom-boom,' Deanne Choate's 37-year-old son told The Daily Beast, referring to body camera footage the family reviewed of the fatal shooting.
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Deanne Choate's son, Michael Weddington, 37, (pictured above) who has a summary of the autopsy said in an interview that his mother was struck twice in the chest and once in the abdomen
Michele Choate (pictured right) claims the city of Gardner prefers a 'shoot-first-ask-questions-later' policy, discouraging its police from using deescalation tactics with suspects
Last March, Gardner police received a 911 call from Deanne Choate's boyfriend, Andrew Musto, who said she had been drinking alcohol, was suicidal and had a gun before shooting her dead, the complaint states
Weddington, who has a summary of the autopsy, also told The Daily Beast that his mother was struck twice in the chest and once in the abdomen.
However, the Johnson County morgue refused to disclose any of its finding.
Michele Choate said her mother was 'obviously not carrying or concealing on her person any type of weapon,' according to the complaint.
'Deanne was not threatening in any way as she complied with officers' instructions in providing a handgun located between the mattress and headboard of the bed,' Michele Choate said.
'The gun would have easily been located by officers if they had searched and 'cleared' the room as reported.'
After shooting Deanne Choate, officers then carried her from the bed to the front door, according to the complaint.
The lawsuit alleges the officers were ordered to turn off their video and audio recordings 'to further protect officers and prevent recording of incriminating evidence.'
Deanne Choate pictured in a Facebook photo. According to the lawsuit, after officers arrived she eventually produced a handgun, stating, 'Oh, here it is,' before she was fatally shot
'They didn't even do any lifesaving techniques,' Weddington told The Daily Beast.
'They grab her two arms and two legs and dragged her out into the hallway and then lay her there and leave her there until the paramedics get there.'
Gardner officials did not respond to a request for comment, according to the Courthouse News Service.
Earlier reports said Choate's boyfriend, who she lived with at the home, had called police on the day of the shooting and said his girlfriend had fired a gun inside the house, WDAF reported.
Police officers 'shot naked woman dead after asking to see her gun'
Police also previously said Choate did not comply with the officers' commands to put the gun down, according to the New York Daily News.
The officers, who are still on the force, were cleared of any wrongdoing by the Johnson County District Attorney's Office following an investigation.
Now they have been hit with the lawsuit this week which seeks punitive damages for wrongful death, municipal liability and failure to train and supervise.
Read more: Police officers 'shot naked woman dead after asking to see her gun'
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- Michele Choate is suing Gardner, Kansas and three police officers for 2015 death of her 53-year-old mother Deanne Choate
- Choate was fatally shot on last March after officers received a call she had been drinking alcohol, was suicidal and had a gun, lawsuits says
- Now her family alleges city prefers 'shoot-first-ask-questions-later' policy and discourages its police from using deescalation tactics
- Her daughter is seeking punitive damages for wrongful death, municipal liability and failure to train and supervise
PUBLISHED: 00:54 EST, 4 March 2016 | UPDATED: 09:04 EST, 4 March 2016
78
View comments
Kansas police awoke a naked woman in her bed and then shot her to death when she complied with orders to show them where she kept her gun, according to a lawsuit filed by the woman's daughter.
In a wrongful death lawsuit, Michele Choate has sued Gardner, Kansas and three police officers for the 2015 death of her 53-year-old mother Deanne Choate, which sparked protests and rallies.
Michele Choate claims the city prefers a 'shoot-first-ask-questions-later' policy, discouraging its police from using deescalation tactics with suspects, according to Courthouse News Service.
Scroll down for video
Kansas police awoke naked Deanne Choate, 53, in her bed and then shot her to death when she complied with orders to show them where she kept her gun, according to a lawsuit filed by her daughter, Michele Choate
In a wrongful death lawsuit, Michele Choate has sued Gardner, Kansas and three police officers for the March 26, 2015 death of her mother. The home where the shooting took place pictured above
She also alleges that the city erected a 'veil of secrecy surrounding the shooting' and that the 'city's efforts were to cast doubt on the investigation into the shootings.'
Last March, Gardner police received a 911 call from Deanne Choate's boyfriend, Andrew Musto, who said she had been drinking alcohol, was suicidal and had a gun, the complaint states.
When Officers Robert Huff, Justin Mohney and Jeff Breneman arrived at the scene on March 26, 2015, they handcuffed and arrested Musto, before removing him from the house.
The officers then found Deanne Choate, who was sleeping naked in her bed under the covers, before waking her and questioning her, according to the February 25 complaint.
'Where is the gun?' they repeatedly asked her before looking under the sheets of the bed, the lawsuit states.
They remained in the room with her, eventually giving her a sweatshirt to put on, as they continued to demand, 'Where is the gun?' and 'We know you have a gun,' according to the complaint.
Deanne Choate eventually produced a handgun, stating, 'Oh, here it is,' before officers fatally shot her, Courthouse News Service reported.
'She goes to lift her blanket and get up and the cop says 'Drop the gun. Drop the f****** gun'… Boom-boom-boom-boom,' Deanne Choate's 37-year-old son told The Daily Beast, referring to body camera footage the family reviewed of the fatal shooting.
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Deanne Choate's son, Michael Weddington, 37, (pictured above) who has a summary of the autopsy said in an interview that his mother was struck twice in the chest and once in the abdomen
Michele Choate (pictured right) claims the city of Gardner prefers a 'shoot-first-ask-questions-later' policy, discouraging its police from using deescalation tactics with suspects
Last March, Gardner police received a 911 call from Deanne Choate's boyfriend, Andrew Musto, who said she had been drinking alcohol, was suicidal and had a gun before shooting her dead, the complaint states
Weddington, who has a summary of the autopsy, also told The Daily Beast that his mother was struck twice in the chest and once in the abdomen.
However, the Johnson County morgue refused to disclose any of its finding.
Michele Choate said her mother was 'obviously not carrying or concealing on her person any type of weapon,' according to the complaint.
'Deanne was not threatening in any way as she complied with officers' instructions in providing a handgun located between the mattress and headboard of the bed,' Michele Choate said.
'The gun would have easily been located by officers if they had searched and 'cleared' the room as reported.'
After shooting Deanne Choate, officers then carried her from the bed to the front door, according to the complaint.
The lawsuit alleges the officers were ordered to turn off their video and audio recordings 'to further protect officers and prevent recording of incriminating evidence.'
Deanne Choate pictured in a Facebook photo. According to the lawsuit, after officers arrived she eventually produced a handgun, stating, 'Oh, here it is,' before she was fatally shot
'They didn't even do any lifesaving techniques,' Weddington told The Daily Beast.
'They grab her two arms and two legs and dragged her out into the hallway and then lay her there and leave her there until the paramedics get there.'
Gardner officials did not respond to a request for comment, according to the Courthouse News Service.
Earlier reports said Choate's boyfriend, who she lived with at the home, had called police on the day of the shooting and said his girlfriend had fired a gun inside the house, WDAF reported.
Police officers 'shot naked woman dead after asking to see her gun'
Police also previously said Choate did not comply with the officers' commands to put the gun down, according to the New York Daily News.
The officers, who are still on the force, were cleared of any wrongdoing by the Johnson County District Attorney's Office following an investigation.
Now they have been hit with the lawsuit this week which seeks punitive damages for wrongful death, municipal liability and failure to train and supervise.
Read more: Police officers 'shot naked woman dead after asking to see her gun'
Follow us: @MailOnline on Twitter | DailyMail on Facebook
what is a cop gonna do, that their family cant, besides actually use their firearm?