Widow of man killed by police sues Burlington and officers
The estate of a man that was shot dead by police after he began wielding a shovel at two Burlington officers has filed a civil lawsuit against the city, its police department and three police officers.
Barbara Brunette, the wife of Wayne Brunette, also filed the suit on behalf of herself, for the Nov. 6, 2013 fatal shooting on Randy Lane in the New North End of Burlington.
Police Chief Michael Schirling and the two officers who responded to the disturbance, Cpl. Ethan Thibault and Brent Navari are among the defendants named in the 18-page lawsuit.
Thibault, who fired four bullets into Brunette and Navari were cleared by Chittenden County State's Attorney T.J. Donovan and the Vermont Attorney General's Office.
Wayne Brunette, 49, had a history of mental health issues in the early 2000s. Court records showed he faced various charges, including making six homemade bombs, aggravated assault, resisting arrest and attempted simple assault, but the charges were dropped in favor of mental health treatment.
The civil lawsuit, filed by attorney Richard Goldsborough, claims Brunette's civil rights were violated during the fatal shooting. The suit also alleges assault and battery, negligence, loss of consortium and the intentional infliction of emotional distress.
Part of the lawsuit centers on what mental health training police received, according to Goldsborough.
The five defendants have until the end of April to file a written response.
Mike Kanarick, chief of staff for Burlington Mayor Miro Weinburger, said Thursday that after a review of the evidence Donovan had cleared Burlington police.
Kanarick said he expects Burlington will hire outside counsel to defend the city, its police department and the officers.
Brunette's mother called police to respond to a report that Wayne Brunette was destroying property and acting irrationally at his mother's home on Randy Lane, including cutting down a tree in the front yard, Donovan explained.
It was 21/2 minutes later that police radioed "shots fired, suspect down," and made a request for an ambulance, according to the Vermont State Police investigation.
Navari and Thibault tried to get Brunette to put down the shovel as he advanced on them, but he ignored their commands, Donovan said.
Brunette then stated, "No, you're going to have to shoot me," Donovan said. Brunette was closing in on the officers quicker then they could back-pedal, Donovan said.
All four shots from Thibault's .40 caliber Glock struck Brunette.
Burlington Rescue rushed Brunette to Fletcher Allen Heath Care, where he was pronounced dead shortly after 5 p.m.
Goldsborough wrote in the lawsuit that "The City and the Burlington Police Department failed to properly train its officers in handling mental health calls, to implement policies that addressed the unique nature of these calls, and to provide reasonable accommodations that are required under the American with Disabilities Act."
Contact Mike Donoghue at 660-1845 or mdonoghue@burlingtonfreepress.com. Follow Mike on Twitter at www.twitter.com/FreepsMikeD