Woman shot in eye appeals to circuit court in excessive force case
Kristine Biggs Johnson breaks down as her attorney Bob Sykes, plays a video from a law enforcement dash cam when she was shot in the eye November 2012. A federal appeals court ruled Aug. 1, 2017, that Morgan County Sheriff's Sgt. Scott Peay was justified in using deadly force to stop Johnson.
Kristine Biggs Johnson removed her eye patch over the eye that was shot out in November 2012 by a Morgan County Sheriff's deputy. She has had one reconstructive surgery to the eye and the orbital bone that was blown out when she was shot. She need two more. Her attorney Bob Sykes is filing a federal civil rights lawsuit Thursday, Nov. 13, 2014, against a Morgan County Sheriff’s deputy for improper use of deadly force. The shooting was deemed unjustified by Davis County Attorney Troy Rawlings, but no charges were filed against the deputy. (AP Photo/The Salt Lake Tribune, Al Hartmann)
Attorney Bob Sykes, is filing a federal civil rights lawsuit Thursday, Nov. 13, 2014, against a Morgan County Sheriff’s deputy for improper use of deadly force against Kristine Biggs Johnson, left, who was shot in the eye by a deputy. The shooting was deemed unjustified by Davis County Attorney Troy Rawlings, but no charges were filed against the deputy. (AP Photo/The Salt Lake Tribune, Al Hartmann)
A woman shot in the eye by a Morgan County sheriff’s deputy has appealed to the U.S. 10th Circuit Court of Appeals seeking revival of her excessive-force lawsuit, which was dismissed recently by a Salt Lake City federal judge.
Robert Sykes, attorney for Kristine Biggs Johnson, 45, served notice in court documents filed Monday with the circuit court in Denver that the appeal will focus on these issues:
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Did Sheriff’s Sgt. Daniel Scott Peay reasonably believe his brother, Deputy Christian Peay, was at imminent risk of serious injury or death when he fired his weapon at close range into Johnson’s head?
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Did U.S. District Judge Tena Campbell improperly weigh facts and credibility issues in granting a motion for summary judgment against Johnson?
The appeal comes after Campbell’s Aug. 8 ruling that said Peay acted reasonably in the shooting, which happened after police had boxed in Johnson’s SUV to conclude a 30-minute chase from Morgan to South Weber on Nov. 24, 2012.
Johnson’s suit, filed in November 2014, argued her constitutional rights were violated by the use of excessive force that left her blind in her left eye.
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Al Hartmann
Kristine Biggs Johnson removed her eye patch over the eye that was shot out in November 2012 by a Morgan County Sheriff’s deputy. She has had one reconstructive surgery to the eye and the orbital bone that was blown out when she was shot. She need two more. Her attorney Bob Sykes is filing a federal civil rights lawsuit Thursday, Nov. 13, 2014, against a Morgan County Sheriff’s deputy for improper use of deadly force. The shooting was deemed unjustified by Davis County Attorney Troy Rawlings, but no charges were filed against the deputy. (AP Photo/The Salt Lake Tribune, Al Hartmann)
In an appeal document, Sykes said Johnson was driving at 2 to 3 mph toward the officers, who he said were protected by a line of police vehicles. Johnson’s case relied heavily on dash-cam videos from two police cruisers that showed the confrontation and the shooting. In a deposition, Peay said he thought Johnson would run down his brother so he was forced to shoot her.
“I think her appeal doesn’t have merit and I can’t imagine it would be granted,” Morgan County Attorney Jann Farris said Wednesday.
Peay was exonerated in an internal review of the shooting by the Morgan County Sheriff’s Office and was returned to duty.
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Kristine Nicole Biggs
But after a separate review, Davis County Attorney Troy Rawlings determined the shooting was unjustified.
Johnson put people and property at risk by fleeing from a traffic stop while intoxicated, Rawlings said. But the shooting “does not squarely fit with the letter, scope and intent” of state law and Supreme Court rulings, he said. However, Rawlings said he doubted a jury would convict Peay.
Police reports and court documents said Johnson, now a California resident and then of Rock Springs, Wyoming, had a fifth of vodka in her vehicle and her blood-alcohol content was 0.35 — more than four times the legal limit for Utah drivers.
In a plea bargain, prosecutors dropped an aggravated assault charge and she pleaded guilty to misdemeanor DUI and felony failure to stop at the command of a police officer. She received a suspended 0-to-5-year prison sentence and was released on 36 months of probation with credit for jail time served.
You can reach reporter Mark Shenefelt at mshenefelt@standard.net or 801 625-4224. Follow him on Twitter at @mshenefelt and like him on Facebook at facebook.com/SEmarkshenefelt.