“Fatal shooting investigation” : Roanoke County Officer Involved in Fatal Shooting Previously Reprimanded for Poor Judgment, Lawsuit Reveals

By | December 10, 2023

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Accident – Death – Obituary News : Roanoke County Police Officer Faces Scrutiny in Wrongful Death Lawsuit

Roanoke County, VA – A Roanoke County police officer who shot a man during a standoff is facing increased scrutiny in a wrongful death lawsuit after it was revealed that he had a history of disciplinary actions, according to court documents filed by the plaintiff’s attorneys. The officer, Matthew Jennings, had previously been reprimanded for “lodging into calls and not taking the time to analyze the situation in front of him,” the documents state.

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The lawsuit, filed by the family of Shawn Smith, who was shot two years ago as he stood on the porch of his suburban home, seeks to amend their complaint to include information about Officer Jennings’ past disciplinary actions. According to the documents, Jennings’ supervisor had previously written that the officer “needed to slow down to do his job effectively and indicated that Jennings would make mistakes that could harm him or those around him.”

Attorneys Terry Grimes and Melvin Williams, representing Smith’s family, have obtained information through investigations and depositions since the lawsuit was first filed, revealing that Jennings was on probation at the time of the incident. The attorneys are now asking a federal judge to allow them to file an amended complaint to include this new information.

However, Jennifer Royer, an attorney representing Jennings and the county, opposes the request, claiming that the amended complaint introduces “many falsehoods to the record” and was filed in bad faith. Royer argues that Jennings was never reprimanded and was not prone to making mistakes. While it is true that Jennings was on probation, Royer states that it was part of an “action plan” to address problems with his written reports and had nothing to do with his field work.

A judge will soon decide whether to admit the new information into the case. The recent developments suggest that Jennings’ disciplinary actions during his time on the force before Smith’s death may be a central issue in the lawsuit.

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The incident occurred two years ago when officers responded to a report of domestic disturbance at Smith’s home. Smith, a 52-year-old former Marine and Desert Storm veteran, was allegedly armed with a handgun. After surrounding the house and attempting to get Smith to surrender for 45 minutes, Jennings, who had taken cover in a neighbor’s yard, opened fire with a high-powered rifle, killing Smith. No weapon was found on or near Smith.

In the original lawsuit, Smith’s family accused Jennings of gross negligence and claimed that the police department knew he was a danger to himself and others. The amended complaint also alleges that the police department failed to train or supervise its officers on how to properly deal with mental health crises. Smith’s lawyers argue that the officers failed to follow their own de-escalation policy and instead escalated the situation.

The proposed additions to the complaint include details about Jennings’ previous disciplinary actions, which were not publicly available before. The lawsuit alleges that Jennings faced nine use-of-force charges during his time with the county police department, but Royer argues that all nine reports found his actions to be within department policy.

The case has been highly contentious, with heated arguments between the opposing lawyers. Roanoke County Commonwealth’s Attorney Brian Holohan decided not to file criminal charges against Jennings in April 2022, stating that Smith’s actions caused enough fear to justify the use of deadly force.

A judge is expected to make a decision on whether the amended complaint can be filed in the coming days or weeks. The case highlights the importance of addressing disciplinary actions and training within law enforcement agencies to ensure the safety of both officers and the public..