BILLINGS -- Heather Brawley, whose husband was killed by a Billings police officer in 2013, has filed a wrongful death lawsuit against the officer and the city.
A lawsuit filed on Yellowstone County District Court by Brawley alleges that Officer David Punt was not justified in the shooting death of Daniel Brawley as Brawley tried to drive away in Punt's patrol car.
"There was no more justification for shooting Daniel than any fleeing person such as a drunk driver travelling 95 mph in town as death is not imminent or certain and is against the training of any good law enforcement personnel," states the lawsuit, which was filed December 31 by Billings attorney Brad Arndorfer.
The lawsuit also alleges the city "has a practice of allowing the use of deadly force on fleeing or unarmed people without fear of termination, referral for prosecution or even discipline of offending officers."
Heather Brawley is asking for an unspecified amount of damages for alleged civil rights violation, punitive damages, and attorney fees.
Punt and the city have yet to be served with the lawsuit. City Administrator Tina Volek was not in her office Tuesday, and a message to City Attorney Brent Brooks was not immediately returned.
The lawsuit stems from an incident on January 6, 2013, when Billings officers were called to a house on Miles Avenue for a burglary report.
After a three-hour standoff, Daniel Brawley, 29, and his 25-year-old wife Heather, were arrested.
Punt secured Daniel Brawley in zip-tie cuffs and placed him in the back of his running patrol car. Brawley slipped out of the cuffs, got into the driver's seat and tried to speed away, hitting Punt with the patrol car as he drove off.
Punt fired nine shots at the car; Brawley was killed by one of the gunshots. Read more at KRTV.com
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