Salt Lake City, UT: Family of volunteer firefighter shot in 2008 standoff suing police

Published: Wednesday, Sept. 22, 2010 3:37 p.m. MDT
By Emiley Morgan, Deseret News
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SALT LAKE CITY — The family of a volunteer firefighter who was shot and killed during a police standoff at the driveway of his Farmington home is now suing numerous state agencies on the grounds that the man couldn't have posed a threat at the time he was shot.

In the lawsuit, filed by the wife and parents of Brian Wood in federal court Tuesday, the family states that the fatal shot — which entered Wood's left cheek and continued down to his spine — must have been fired by Davis County sheriff's deputy Joshua Boucher after Wood was already down.

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"Deputy Boucher alleged that Brian Wood was pointing a handgun at Boucher before he shot," the lawsuit states. "But, the trajectory of Deputy Boucher's shot, coupled with the other force used and injuries exacted, demonstrate that Brian was down, posing no threat, when he was killed."

Wood, a 36-year-old volunteer Farmington firefighter, was shot and killed Sept. 22, 2008, after a 12-hour standoff with police. Wood had called 911 and told an emergency dispatcher he had just "beat and raped my wife. Come get me."

Officers responded to Wood's Farmington home, where they found the volunteer firefighter in his truck, inside the garage.

The lawsuit states that law enforcement officers then used tear gas and pepper spray to get Wood out of the truck. Once out, Wood was allegedly assaulted with numerous rubber bullets, pepper balls and was shot with a Taser multiple times.

Wood fired one round from a .38-caliber handgun, prompting the officers to open fire. Deputy Boucher's actions were later determined to be justified under the circumstances.

"The deputy's decision to use deadly force against Wood was based on his knowledge that Wood was alleged to have committed violent felonies, was resisting arrest, had fired a round during the arrest attempt, and posed an imminent threat of death or serious bodily injury to the officers and to himself," a statement issued by the Attorney General's Office said.

Wood's wife, Elizabeth Wood, was later adamant that she was not beaten or raped by her husband.

Wood's family is now suing Farmington City, Davis County and Salt Lake City, asking that the family receives damages to cover, among other things, funeral costs and attorney's fees.