Wrongful death claim in teen shot by deputies

Jeremiah Chass' family has filed a claim against Sonoma County alleging wrongful death and negligence in the Sebastopol 16-year-old's shooting death, which ended the mentally distressed teen's violent struggle with two sheriff's deputies.

The claim on behalf of parents Yvette and Mark Chass and their younger son, Isaiah, was submitted to the Sonoma County Board of Supervisors by attorneys Patrick Emery of Santa Rosa and Andrew Schwartz of Walnut Creek.

The claim, a prerequisite to any civil lawsuit the family would bring, was filed against the county, the Sheriff's Department, Deputies John Misita and Jim Ryan, and all other county employees "who were in some way responsible for the wrongful death of Jeremiah Chass, and the negligent and intentional infliction of emotional distress" to the Chass family.

No figure for damages sought is specified in the claim, which the county received Wednesday.

"At the time the case is presented in court, there will be a request for compensation," Emery said Friday. "What that amount is is unknown at this point."

Both Sonoma County Counsel Steven Woodside and Sheriff Bill Cogbill were away from their offices Friday and were not reachable for interviews.

But in a statement issued by his department, Cogbill recalled the deputies' March 12 attempts to disarm Jeremiah during a fight outside his home, inside the family's minivan.

"What we've learned is that Deputy Misita and Deputy Ryan were called into an incident that was already highly lethal," Cogbill said. "They gave their best efforts to resolve this dangerous incident without loss of life, and they put their own lives at risk in doing so."

According to information the Sheriff's Department and Santa Rosa police released, Chass held his 6-year-old brother in one hand while clutching a Leatherman-style tool and threatened to kill him. When the deputies tried to subdue Chass inside the van using pepper spray, a baton and other non-lethal means, he fought back.

After Chass kicked them in the face and chest, drawing blood from one deputy, investigators said, Misita and Ryan shot Chass eight times.

Emery challenged law enforcement's assertions that they were intervening in a life-threatening hostage situation.

"Jeremiah Chass did not at any time take his brother hostage," Emery said. "At no point did Jeremiah threaten his brother with the tool or bring it into close proximity to his brother."

Chass' brother climbed out of the van and his mother picked him up and took him into the house before any shots were fired, Emery said. His stepfather, Mark Chass, stood within three feet of Jeremiah at the time, he said.

"Jeremiah was laying on his back in the van and they shot him," Emery said.

Chass had resisted his parents' plans to take him to a Santa Rosa medical facility for psychological care that Monday morning, after they had tried in vain all day Sunday to obtain mental health services for the teen.

"Neither Mark nor Yvette ever called for law enforcement. They sent for medical care," Emery said. "And if the system in Sonoma County is going to be that when families call for medical assistance for a mental health emergency that sheriff's deputies are going to respond, then those deputies need to be trained as well as medical professionals who might respond."

In his statement Friday, Cogbill expressed gratitude that Isaiah Chass' life was saved.

"As tragic as the ending to this horrific incident was, we know it could have been worse," the sheriff said. "My sincere sympathy continues to go out to the Chass family."

In keeping with countywide standards, the officer-involved shooting was investigated by an outside agency, in this case Santa Rosa police. Investigators on July 13 turned over their review to the Sonoma County district attorney, who will determine if the deputies were justified in using lethal force.

"Given that the District Attorney's Office is still in the process of reviewing this incident to determine whether the officers were legally justified in using deadly force, it is unfortunate that lawyers for the Chass family have initiated civil proceedings," Sheriff's Capt. Dave Edmonds said Friday. "We are not in charge of the investigation or the dissemination of information about it, and it would be inappropriate at this time to respond to the specific allegations raised in the civil claims."

Anyone with loved ones suffering mental and emotional crises has a stake in officials' decisions about whether the officers acted properly, Emery said:

"Every family in Sonoma County should feel confident that when they call for help with a disturbed family member that they're going to get an appropriate response, and that the situation will not have a tragic end."

You can reach Staff Writer Katy Hillenmeyer at 521-5274 or katy.hillenmeyer@pressdemocrat.com.