Independence police escalated crisis in fatal shooting of mother, baby, suit says
Family members of an Independence woman and her infant fatally shot by police in November have filed a lawsuit against the two involved officers, alleging they knew the woman was mentally ill and escalated the events leading up to the shooting without waiting for a mental health professional they had summoned.
The lawsuit also questions the initial decision officers made to enter the Independence apartment where the shooting took place.
At the time of the Nov. 7 shooting, Maria Pike was in her apartment holding her 2-month-old daughter Destinii, and officers were preparing to take the child from her, the lawsuit said. After Maria Pike refused to hand over the infant and grabbed a knife, one of the officers, Jordan White, fired, killing the woman and her infant.
The shooting occurred as a mental health professional was moments away, the lawsuit said.
The lawsuit, filed in Jackson County Circuit Court on Thursday and brought by Tom and Lynne Pike, the parents of Maria Pike, and Mitchell Holder Jr., Destinii’s father, names two responding officers, White and Chad Cox, as defendants. The lawsuit seeks damages and brings claims of battery, negligence and false imprisonment.
“This lawsuit is about ensuring the lives of the most vulnerable will never be taken by the reckless actions of those entrusted to protect and serve them,” Tom Porto, an attorney representing the family, said in a news release about the lawsuit.
Jackson County Prosecutor Melesa Johnson declined to file charges in the shooting earlier this year, saying that while the deaths were “devastating and tragic,” the officer’s actions were “responsive and defensive in nature.”
In a message to The Star, Independence city spokeswoman Rebecca Gannon said, “The dedicated men and women of the Independence Police Department risk their lives daily to ensure the safety and security of the citizens of Independence. At times, our officers encounter challenging situations that require immediate action.”
“The Jackson County Prosecutor has decided not to file charges against the officers involved in this unfortunate incident,” Gannon said. “The two officers named in the lawsuit remain employed by the Independence Police Department. As a matter of policy, we do not comment on ongoing litigation.”
“Unlawful decision”
On Nov. 7, police were called to the apartment complex in Independence where Holder, Maria Pike and Destinii lived, on a domestic dispute call, after Holder’s mother reported Maria Pike had hit her.
Holder spoke to police and told them he had refused to let his mother inside the apartment, but she came in “unlawfully” through a sliding glass door, the lawsuit said. Holder said he and Maria Pike asked his mother to leave and then physically forced her out of their apartment.
“The officers completely disregarded Holder’s version of events, and knowingly made the unlawful decision to arrest Maria, take her to jail for assault, and remove (Destinii) from Holder’s and Maria’s custody,” attorneys wrote.
Officers entered the residence and found Maria Pike in a bedroom, holding the child. Both officers recognized Maria was suffering from some type of mental illness and knew from their training that forcibly taking the child would likely escalate into violence, attorneys wrote in the lawsuit.
A trained co-responder trained in assisting officers in working with people suffering from mental illness was called to the scene, but instead of waiting for her to arrive, the officers insisted the woman hand off the child and prepared for a confrontation, the lawsuit said.
When Maria Pike grabbed a concealed knife and advanced, White fired the shots. At that point, the co-responder was at the doorway of the apartment, the lawsuit said.
Both Pike and Destinii did not immediately die from their wounds, attorneys for the family wrote, saying they both suffered “great physical pain” in the moments before they expired.
“Had the officers waited just a few seconds longer before escalating the situation,” attorneys wrote, “the ‘co-responder’ would have intervened and assisted.”
