Image supplied, Ogden Police Department

OGDEN — Ogden City attorneys say a recent ruling on a Wyoming police shooting bolsters four Ogden officers’ defense against a civil suit over the 2019 fatal shooting of Jovany Mercado.

The 10th U.S. Circuit Court of Appeals ruled March 2 that a Casper, Wyoming, police officer was justified in shooting a man approaching him with a sword. Attorneys representing Ogden filed an argument in U.S. District Court in Salt Lake City on March 14 saying the ruling reflects circumstances of the Mercado shooting.

Mercado, 26, was shot to death in his parents’ driveway on Aug. 16, 2019. His parents, Juan and Rosa Mercado, sued Ogden City and the officers involved, alleging use of excessive force and violation of the man’s civil rights.

In both events, a man advanced toward police with a bladed weapon and ignored repeated commands from police to put down the weapon before officers opened fire.

According to court records, Douglas Oneyear, of Casper, held a sword and “rapidly advanced” toward police who were responding to a report of an assault. He did not respond to police commands to stop and drop the sword.

Photo supplied

The Ogden filing said the appeals court ruled that there was no evidence that officers were aware that Oneyear was emotionally unstable. Even if the officers had been aware, the events as they unfolded gave them little if any opportunity to take a different approach, the court ruled.

The Mercado suit alleges police used excessive force when the officers fired on Mercado as he approached them while holding a pocketknife at his side. The city argues police were retreating from a threatening suspect who refused repeated commands to stop.

Mercado’s parents also said their son “obviously” was disoriented and either intoxicated or suffering from a mental illness and that officers should have used nonlethal means.

In Oneyear’s case, the appeals court said that “while he did not raise the sword as if to strike in a downward manner, his refusal to drop the weapon and his rapid approach further demonstrated his hostile intent.”

The court upheld a district court ruling, saying police were not civilly liable for Oneyear’s death because they had a reasonable fear that they would be injured by the approaching man.

The Ogden City attorneys are hoping for a similar conclusion for the four Ogden officers who fired at Mercado. Ogden’s court filings have said the officers were justified because they perceived that Mercado “posed a serious threat of harm to them.”

But in a response filed March 17, the Mercados’ attorneys pointed out differences between the Oneyear and Mercado cases, including that Oneyear threatened officers, but Mercado said nothing. Also, Oneyear was within two strides of the closest officer, but in Mercado’s case, officer body camera recordings of the shooting show he was at a greater distance.

Weber County Attorney Christopher Allred cleared the officers of any criminal wrongdoing.

Ogden City has asked District Judge Robert Shelby to dismiss the Mercados’ suit.

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