Ryan Gainer's family files claim against sheriff's department following teen's death

Ryan Gainer: Claim filed in teen's death

A claim has been filed in the shooting death of an Apple Valley teen with autism.

APPLE VALLEY, Calif. - The family of Ryan Gainer, a 15-year-old boy with autism, has filed a legal claim against the San Bernardino County Sheriff's Department over the death of their son.

Gainer was killed March 9, after deputies were called to his Apple Valley home. According to deputies, a 911 caller reported that someone in the home was attacking his family members and causing damage to the home. When deputies got to the scene, they encountered Gainer, armed with what deputies said was a garden hoe.

Bodycam footage shows Gainer charging at the deputies with the garden tool in his hand. Ultimately, deputies shot Gainer. He died at the hospital.

As part of the legal claim, which was announced March 21, and the eventual lawsuit, the family wants to know if the deputy who fired the shot knew the teen had autism and if he didn't. Why? They say deputies had been to the house at least five times before, and that their son's disorder was well known to the department.

"He was smart, but he had issues and there's nothing wrong with people having issues," his aunt said.

Supporters, lawyers and the family of Gainer gathered just feet from where he was shot and killed to announce the legal claim.

His family said he was having a tantrum, but no one thought a call to 911 would end in his death.

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"They have blood on their hands because they shot and killed and slaughtered a young boy who really wasn't fully capable of appreciating what the police were trying to do to him," said family attorney John Burris.

Burris says the body cam footage shows a series of mistakes.

At first, the deputy yells out, which is known to agitate people with autism. When Gainer appears with a hoe in his hand, the deputy pulls out his gun, which they say would also scare a person on the spectrum.

"They had options. They had tasers, they had pepper spray," he explained.

The family's attorney said just before the shooting, a cousin made a second call to 911 to say that the situation had resolved itself and that Ryan had settled down. They want to know if that information was passed along to the deputies, and if the deputy who fired had been to the home before. They say they're hoping to get those answers as part of the lawsuit.

The San Bernardino County Sheriff's Department wouldn't comment, citing pending litigation. But Sheriff Shannon Dicus did address the media following the shooting.

"Yes, our deputies do carry tasers. So you actually hear, Ryan's family say, why didn't you use a taser? Those techniques don't always work. And when you're talking time and distance and making these critical, life-threatening decisions, particularly with somebody coming down with the deadly weapon on you," Dicus said at a press conference.

Ryan's family said they adopted him as a toddler from foster care with a host of health problems. But despite every challenge, he excelled in math.. even though he couldn't master simple tasks like tying his shoes and washing his face.

"I can't even sleep at night because all I think about is Ryan," his father said, crying.