Mother of man killed by Independence, Sugar Creek police files wrongful death lawsuit
The mother of a man shot and killed by police in 2017 has filed a lawsuit against the Independence and Sugar Creek officers involved.
In her complaint, Tamy Lorraine Lukecart alleges police were “unreasonable and unjustified” in the death of 22-year-old Dakota Lukecart, who was shot by officers Jan. 24, 2017, after a vehicle pursuit. No charges were filed in the shooting.
According to the lawsuit filed in Jackson County Circuit Court:
An Independence police officer, Brendan Buchanan, tried to pull over Lukecart about 2 a.m. that day because the car he was driving had expired tags. His emergency lights were activated, but Lukecart did not stop.
Police pursued Lukecart, who drove erratically during a chase that hit “very high and dangerous speed” through Independence and Sugar Creek. Other officers joined the pursuit, which came to a stop at a dead end near McBride Street and Barreto Lane in Sugar Creek. Lukecart made a U-turn and tried driving north.
Buchanan, Independence Officer Darren Spade and Sugar Creek Officer Victor Contreras got out of their vehicles. Contreras and Spade shot Lukecart multiple times, hitting him in the chest and stomach. The lawsuit described the shooting as excessive force.
The lawsuit claims that throughout the chase and shooting, Lukecart, of Lincoln, Missouri, did not pose a threat. Dashboard cameras that might have captured footage of the shooting’s circumstances “were ‘allegedly’ malfunctioning,” the mother’s attorneys wrote.
The officers had a duty to “exhaust all other reasonable means” to arrest Lukecart before they resorted to deadly force, the suit says.
Aftermath of shooting
The Independence Police Department did not immediately respond to emails seeking comment Tuesday morning. The lawsuit names its police chief, Brad Halsey, and two of its officers as defendants.
Reached Tuesday, Sugar Creek Police Chief Christopher Soule, who is also named as a defendant, said he could not comment because the lawsuit was pending litigation. His officer involved, Contreras, now works as a detective. He also said he could not comment.
Lukecart’s mother could not be reached by phone Tuesday.
A gun, drugs and other items were thrown from the car during the chase and later linked to Lukecart, The Star reported at the time. A witness told police they found the gun in the middle of a residential street in Sugar Creek.
Officers opened fire on the car after Lukecart and a passenger failed to obey commands to show their hands, according to police. Lukecart revved the engine to presumably resume the pursuit, authorities said.
In June 2017, the Jackson County Prosecutor’s Office’s use of force committee declined to charge the officers involved.
The committee cited statements from the passenger and the officers’ belief that Lukecart planned to inflict serious injury when he accelerated the car toward them.
One of the officers said he feared for his safety because he could not move out of the car’s path. Another said he told Lukecart “don’t do it” as the car accelerated toward him, according to the prosecutor’s committee.
“I felt in danger and had nowhere else to go,” the officer said.
The passenger, who was wounded in the shooting, told police Lukecart would not stop during the chase because there was a gun in the car and he had warrants for his arrest, according to the committee.
Lukecart had directed the passenger to shoot at the officers, but he refused, he told police. After Lukecart drove toward an officer, the passenger thought he had been hit by the car and said he expected shots to be fired, the committee said.
The lawsuit seeks a monetary award for damages of wrongful death and related claims.
This story was originally published February 25, 2020 at 12:40 PM.
