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Suit claims excessive force in mentally ill man's death
11:16 PM CST on Tuesday, February 12, 2008
GARLAND - A suit filed Tuesday against a North Texas police department accuses officers of using excessive force in the death of man suffering from mental illness.
The Garland Police Department said they only used fatal force on 27-year old Scott Rockwell after the man rushed at them with knives two years ago. However, Rockwell's family has filed a suit against Garland that says he was locked in his room at the time of the incident and not a threat. They said Rockwell would be alive today if police had acted properly.
Two years after his death, Rockwell's shirts still hang on their hangers. In fact, nothing about his room has changed, including a hole in his wall that was drilled by Garland officers to shoot pepper spray.
Rockwell suffered from bipolar disorder and schizophrenia, and was off his medication at the time of the altercation.
"And in the past couple days, I could just progressively see him going down hill, acting out," said Cindy Rockwell, Scott's mother, of the days before his death. "[He was] doing things he normally wouldn't do."
Mrs. Rockwell said she called police after her son locked himself in his room with a fruit paring knife and refused to come out.
"I figured it was time to figure out what he was doing in there," she said.
The family said Garland police knew Scott well and they also knew how to handle him. On previous calls, either a health professional or the SWAT team was usually called to the scene. When SWAT officers answered the call, they hit Scott with a bean bag and took him to the hospital. But the day of his death was different, Mrs. Rockwell said.
"At first, you don't believe that's really happened," she said. "And even today, you want to think he's coming home."
A lawsuit filed Tuesday said Garland Police Department officers arrived at the home without trained personnel who knew how to deal with Rockwell's mental illness. It goes on to say officers then coaxed Rockwell from his room with the pepper balls. When Rockwell came out with the fruit knife, the suit said he was shot five times.
"The amount of force was so grossly excessive for the situation that it's just unacceptable," said Michael Pezzulli, the family's attorney.
Pezzulli said under the Americans with Disabilities Act, Garland police officers were obiligated to make special accomodations to deal with Rockwell's disability.
"They should have had a mental health professional here," he said. "They should have had people intervening to calm the situation down, not escalate the situation. In our opinion, they did exactly the wrong thing."
Garland officials said they cannot comment on ongoing litigation.
At the time, the police department said Rockwell did not respond to nonlethal force and they shot him after he slashed two officers with large kitchen knives.
Meanwhile, Rockwell said she still believes his death never should have happened.
"People call them for a reason," she said. "And I don't care how many times they call them, it's for a reason. They're supposed to help and not turn it into this."
E-mail dschechter@wfaa.com
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