Widow of man killed by deputies files suit

SANDPOINT — The widow of a Coolin man killed by Bonner County sheriff’s deputies at Priest Lake last year is suing the county for civil rights violations and excessive force.

Counsel for Robin Andrews, the wife of Craig Johnson, filed the action in U.S. District Court on June 1, federal court records show.

The county, Sheriff Daryl Wheeler and a half-dozen deputies are named as defendants in the suit, which seeks damages to be proven at trial. The suit alleges Johnson’s constitutional rights were violated when he was shot to death in a confrontation with deputies near his cabin in Coolin on Sept. 26, 2017.

Johnson, 50, became a subject of a felony arrest warrant two days before the shooting for allegedly pointing a gun at a deputy who was attempting to conduct a welfare check requested, according to Idaho State Police. Andrews, authorities said, requested the welfare check because she was unable to contact him and did not receive any returned phone calls.

When deputies went to serve the aggravated assault warrant, they negotiated with him over the phone and police vehicle’s public address system, ISP said. State police said Johnson emerged from the home and pointed at the deputies, who opened fire and mortally wounded the man.

Andrews suit alleges that Johnson, with gun drawn, ordered the Deputy Gary Madden to leave the property, but displayed no intent to injure the deputy. “According to Deputy Madden’s statement, Mr. Johnson’s clear words indicate only an intent to get the officer to leave his private property,” Hayden attorney April Linscott said in the suit.

Due to the lack of intent to injure, Linscott argues law officers lacked probable cause to obtain an arrest warrant.

The suit also takes issue with authorities’ contention that the deputies had no choice to open fire on Johnson.

“Upon information and belief, Mr. Johnson was shot at least once in the back, contradicting the released information that the officers had no choice but to shoot,” Linscott said in suit.

The suit argues that the arrest attempt and killing of Johnson violated his constitutionally guaranteed protection against unlawful search and seizure.

The suit further alleges that state police news releases which trailed in the wake of the shooting were intended to sway public opinion and deprive Andrews a fair and impartial adjudication of her claims. It also asserts that officials are withholding the results of the North Idaho Critical Incident Task Force’s probe into the shooting.

“In this case, the officers have made that evidence a secret, presumably because it is not favorable to them,” Linscott wrote.

In addition to seeking damages civil rights violations, damages are also being sought wrongful death, negligence and violations of Idaho’s Public Records Act

Deputies identified as defendants in the suit include Shawn Deem, Madden, Tim Reynolds, Phil Stella, Ted Swanstrom and Jordan Thomson.

Keith Kinnaird can be reached by email at kkinnaird@bonnercountydailybee.com and follow him on Twitter @KeithDailyBee.