The mother of a man shot and killed by an Olathe police officer during a mental health crisis on New Year’s Eve in 2022 is suing the officer and the city in federal court.
Maria Varnas, whose 27-year-old son Brandon Lynch was killed by police, filed the lawsuit against Officer Conner Thompson and the city of Olathe last Friday.
Varnas decided to sue “after exhausting all other avenues for seeking information and accountability,” according to a news release from Cannezzaro Marvel Trial Attorneys, the firm representing the family.
They say the department “hindered the investigative process” and wouldn’t release “critical information,” like the full body camera footage or the Officer Involved Shooting Investigation report.
“This lack of transparency has left the family with no other recourse but to pursue legal action to uncover the truth and ensure that justice is served,” the release continues. “This unfortunate event highlights the urgent need for reform in how law enforcement handles interactions with mentally ill individuals.”
Olathe city and police department officials declined to comment directly, with Cody Kennedy, the city’s communications officer, saying in an email that since “this is a situation involving a current legal matter, the City of Olathe and the Olathe Police Department are unable to provide additional information.”
Sgt. John Moncayo, the police department public information officer, echoed those sentiments, adding that “it would be inappropriate for us to responsively comment on pending litigation.”
Lawsuit says officers “escalated” the incident
The lawsuit alleges that the police officer’s actions “escalated” a situation with Lynch, who had a history of schizophrenia that was known to the police department from previous encounters. Those actions, in contradiction with crisis intervention training, “created” the situation where deadly force was used, resulting in Lynch’s death, according to the lawsuit.
Officer Thompson’s use of “excessive force” and his failure to employ “non-life threatening methods to deescalate” were violations of Lynch’s Fourth and Fourteenth Amendment rights, per the lawsuit.
Also, the lawsuit accuses the police department of having a policy and custom of “excessive force,” even in cases where “it is not necessary and warranted” and “without regard for the legality of its use.”
Police knew about Lynch’s schizophrenia
The lawsuit states that Lynch’s younger sister, identified as M.L., called 911 “after a physical altercation” with Lynch. Calling 911 was in line with his caseworker’s advice, the lawsuit says. She told dispatchers about her brother’s history of mental health issues and informed them he “was in crisis.”
The department was aware of his mental health history due to his previous encounters with the mental health crisis assessment division, according to the lawsuit. Additionally, that information was shared over the radio that cited previous incidents.
Both of the officers who were responding “had previous contact with Brandon,” according to the lawsuit. Plus, Officer Thompson previously had had “a physical altercation” with Lynch.
Lynch’s sister was out of the home when shooting occurred
Lynch’s younger sister met officers at the door when they arrived, and followed their instructions to leave the house, court documents show. She told them Lynch was in the basement of the home.
Officers then went downstairs, and Lynch repeatedly asked them to leave, according to the lawsuit.
He went back to his bedroom in the basement and closed the door behind him. The officers followed him and “continued shouting commands at him.”
Then, “Thompson immediately pulled out a taser weapon and aimed it at Brandon after opening the door despite Brandon not making any threats.” Less than 15 seconds later, Thompson had his gun out, and the officers told Lynch he was under arrest, according to the lawsuit.
The confrontation moved upstairs
Lynch “became increasingly agitated,” and per the lawsuit, kept asking the officers to leave. They did start to back away, and Lynch followed. Thompson stood in the front doorway, and the other officer stood nearby.
Then, the lawsuit states, Lynch started pacing in the living room of the home, about 12 to 15 feet away from the front door. A Taser was “unsuccessfully” deployed, but Lynch “did not make any hostile motions towards the officers” afterward. Lynch kept his hands at his side and was “plainly displaying that he was in mental health crisis,” according to the lawsuit.
An “assist the officer” call went out over the radio. As additional first responders were arriving, Thompson told Lynch to drop a knife in his hand and “warned him not to move forward.”
Lynch, the lawsuit states, again told officers to get out of his house and said “I didn’t do anything.” He advanced toward the officers “at a slow pace,” taking one or two steps. Thompson then fired three shots at Lynch, “fatally wounding him before he was within striking distance.”
Lynch wasn’t a threat, lawsuit says
Lynch’s “actions never posed a threat to defendant Thompson or the safety of any police officers,” the lawsuit states.
Further, court documents allege that Thompson’s own actions “recklessly created the situation resulting in use of excessive and deadly force.”
The lawsuit concludes that Thompson “did not reasonably believe it was necessary to use deadly force,” and points out that he was the only officer on the scene who fired their firearm. “He acted recklessly and deliberately when he shot and killed Brandon.”
What has the department said about the deadly shooting?
- Per the police department’s account of the shooting, shared in a public release on social media, the subject “produced an edged weapon and advanced toward the officers.”
- The department stated a Taser did not deter him and that he “continued to advance on officers.” Then, an officer fired, striking him.
- The subject, who the department later identified as Lynch, was pronounced dead at the scene of the shooting, which they said occurred in the 900 block of Oakview St. around 11 p.m.
- Last year, the Johnson County District Attorney’s Office determined that the shooting was justified.
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