Attack survivor sues N. Ogden alleging police negligence
Savannah Fuchs poses for a portrait at her home in Roy on Wednesday, December 10, 2014.
Savannah Fuchs poses for a portrait at her home in Roy on Wednesday, December 10, 2014.
Savannah Fuchs poses for a portrait at her home in Roy on Wednesday, December 10, 2014.
NORTH OGDEN — A woman who survived a brutal attack by her neighbor has filed a lawsuit against local police who she says were negligent and failed to protect her and her 6-year-old son.
The lawsuit was filed Tuesday in 2nd District Court in Ogden. Savannah Fuchs is seeking an unspecified amount of relief from North Ogden City for damages related to her injuries and mental trauma she suffered as a result of the attempted murder by her neighbor Todd Barber.
North Ogden Mayor Brent Taylor denied the allegations and called the suit outrageous.
On April 1, Fuchs was attacked in her North Ogden apartment by Barber, who she said had been stalking her for nearly a year. Fuchs told police that Barber broke in using a key he made and viciously beat her with a handgun. Fuchs said Barber attempted to shoot her multiple times but either missed or the gun jammed.
He told Fuchs during the attack that he was evicted by their landlord due to her complaints about his behavior.
The 31-year-old, single mother survived the attack after Barber called police and then shot himself to death when they arrived.
In Fuchs’ lawsuit, she claims the incident would not have happened had police taken her concerns about Barber seriously before the attack and informed her of his past.
Over the course of the previous year, Fuchs called police seven times regarding harassment by Barber. She reported that he would knock on her door for several minutes, pace around outside her apartment and stare inside her windows, watching her.
Other reported incidents included finding messages scrawled in chalk on her front porch, unsolicited gifts and food left on her porch, and her lawn furniture and son’s toys violently knocked over and scattered, according to the lawsuit.
On every occasion Fuchs called police, an officer would arrive at her home to take her complaint, then go over to talk with Barber. The officers said they told Barber to leave Fuchs alone and that any further harassment could result in an arrest. The officer would then contact Fuchs again and assure her that she was safe and that Barber meant her no harm.
Three out of the seven time Fuchs complained, a police report was written. Barber was never charged with harassment, trespassing, stalking or any other crimes due to her complaints.
In the lawsuit, Fuchs claims that she relied on the police’s assurances that she was safe, so she took no further action to safeguard her home. The suit also claims that police did not inform her of Barber’s extensive criminal history and was even told by an officer that he had no history.
Afterward, Fuchs, who now lives in Roy, did her own research on the Internet and found that Barber reportedly had several convictions related to drug use and firearm violations.
Had she been given this information before the attack, Fuchs says she would have taken action such as immediately moving residences.
After the last incident of harassment before the attack, Fuchs said she feared for her life.
The claims that North Ogden City and the specific police officers who responded to her complaints failed in their duty to protect her and her son.
In the beating, Fuchs said she received severe physical injury to her face which required “over 60 staples, and over 50 stitches” to her head. She said she also suffers from traumatic brain injury, concussion, memory loss, post traumatic stress disorder and anxiety.
Fuchs said her son also suffers from anxiety and trauma over witnessing the attack on his mother.
Mayor Taylor responded to the lawsuit Wednesday, calling the allegations outrageous.
“Our hearts go out to the victims and we feel sympathy for their suffering. We feel terrible that something like this happened in our city,” Taylor said. “That being said, our taxpayers do not owe a big cash payout to the victims.”
Taylor said he stands by North Ogden’s police officers.
“They acted appropriately with the information they had at the time,” Taylor said. “In situations like that they needed to weigh the rights of everyone involved. Even bad guys have constitutional rights.”
In a press release Taylor said he has reviewed the lawsuit and states that it paints an incomplete and inaccurate picture of the actions of the officers, but that they would not be releasing specific details outside of trial.
A date for an initial hearing in court has not yet been set.
Contact reporter Andreas Rivera at 801-625-4227 or arivera@standard.net. Follow him on Twitter at @SE_Andreas.
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