YOUNGSTOWN — The estate of Matthew Burroughs filed a federal civil right lawsuit against the city of Niles, police Chief Jay Holland, and officers Paul Hogan, James Reppy and Christopher Mannella for their actions in the Niles resident’s death.

The lawsuit, in U.S. District Court Northern District of Ohio, states the police officers at 2:35 p.m. on Jan. 2, 2019, shot at Burroughs, 35, eight times in the parking lot of his apartment despite the fact that he posed no serious or imminent threat to others. Burroughs was killed.

The lawsuit does not name a specific amount of money the estate is seeking.

Timothy A. Raimey, administrator of the Burroughs estate, argues in the lawsuit that Burroughs had gone to the Niles Municipal Court to pay a $15 traffic ticket. A bailiff at the court recognized him and went to an officer to execute an arrest warrant. When a probation officer attempted to stop him, Burroughs drove away.

Hogan, Reppy and Mannella went to Burroughs’ apartment at 53 Royal Mall to execute the warrant, according to court documents. When Burroughs drove his car in to the complex, Reppy stopped his police vehicle behind him, jumped out and fired five shots at the car.

At the same time, Mannella, who had walked toward Burroughs’ car, shot him three times, the lawsuit states.

Reppy’s body camera shows that Burroughs’ brake lights were on at the time he was shot, according to the court documents.

The lawsuit alleges that Hogan had the ability and responsibility to prevent the shooting, but failed to do so. It also states that the city and police Chief Holland had hired officers not suitable for their positions, failing to properly train and supervise them, and then maintaining officers unfit for their positions.

The suit claims Niles Police Department used and tolerated the use of excessive force, which led to the death of Burroughs:

* The officers’ actions caused him to suffer conscious pain and suffering until he died and will deprive his beneficiaries of companionship and financial assistance;

* The assault on Burroughs was unreasonable and excessive use of force; and

* The officers failed to exercise due care and acted in a reckless manner while engaging in police functions.

INVESTIGATIONS

An investigation of the shooting was done by the Ohio Bureau of Criminal Investigation, an arm of the Ohio Attorney General’s Office.

Trumbull County Prosecutor Dennis Watkins’ office in September released a 35-page report that found the officers’ actions were justifiable, and did not charge them criminally for his death.

The officers, according to the September report, worried that Burroughs was driving his white Ford Fusion toward Mannella in a menacing fashion.

Mannella, according to the report, yelled for Burroughs to stop his vehicle before he fired.

“At that point I thought, he’s just going to hit me, and I can’t have him run me over,” Mannella told investigators.

Hogan said over the police radio, “I don’t think he’s going to stop, Dan.”

The Ford Fusion did stop, nearly face to face with Hogan’s cruiser. Then Burroughs put his car in reverse toward Reppy’s cruiser. Burroughs then veered right from hitting Hogan’s cruiser and “just keeps going right at officer Mannella,” Reppy told investigators.

Reppy said he fired at the Fusion to protect Mannella.

In the report released in September, assistant county Prosecutor Chris Becker stated that he presented 25 witnesses to a county grand jury over three days and the grand jury did not file criminal charges against the officers.

Watkins asked the the U.S. Attorney’s Office in Cleveland to investigate the shooting. The investigation is in the hands of U.S. Attorney Justin Herdman.

REACTION

Niles Mayor Steven Mientkiewicz said the city is aware of the lawsuit, but, at the advice of counsel, would not comment due to the legal action.

Various community members, including the Rev. Todd Johnson of the Justice for Matt Advocacy group and Thomas S. Conley, president and CEO of the Warren-Youngstown Urban League, demanded an investigation into the shooting.

“I fully support the effort of the Burroughs estate to obtain justice through a civil lawsuit,” Johnson said. “Our stance has not changed. We believe the shooting was not justified. We hope the family is victorious in the lawsuit against the city.”

Johnson said the group is hoping the Department of Justice will look at this case and pursue criminal prosecution of the officers.

“That is our hope,” he said.

Conley also expressed satisfaction that the family is moving forward with the lawsuit.

“This case needs to be brought to justice,” Conley said. “This (civil lawsuit) is one of the avenues that it can.”

Conley emphasized there are a lot of unanswered questions about what happened that afternoon that need to be answered, and expressed dissatisfaction to the report issued by the prosecutors office.

rsmith@tribtoday.com