South MS cops rammed truck with military ATV, shot man 17 times, lawsuit says
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- Lawsuit alleges deputies rammed Carney’s truck with an MRAP military vehicle.
- The complaint says officers fired at least 30 times and struck Carney 17 times.
- Beneficiaries filed a federal wrongful-death suit claiming constitutional violations.
Jackson County sheriff’s deputies rammed a George County man’s truck with a military vehicle used in combat, then shot him 17 times even though he never fired on them, a federal lawsuit filed by his beneficiaries says.
The wrongful-death lawsuit is filed in U.S. District Court against the Jackson County Sheriff’s Office, two deputies and other unidentified individuals blamed in the shooting death of Michael Roy Carney, a 38-year-old George County resident and father of two. The office and deputies violated his constitutional rights to due process, and freedom from unlawful search and seizure, the lawsuit says.
It’s undisputed that Carney died of gunshot wounds in his truck on the roadside. A relative called the George County Sheriff’s Office the previous afternoon, saying Carney was threatening to burn down a structure on the property where he stayed.
George County reported the shooting through the media shortly afterward, but details were vague. George County’s sheriff said the shooting followed an hours-long standoff with Carney, who was barricaded in his home. He then left, and pointed and fired a weapon at deputies before being shot and killed, reports at the time said.
However, the lawsuit and witnesses who filed a separate lawsuit, tell a different and more detailed story.
“As it turns out, Mr. Carney was gunned down in his truck, where he had fallen asleep, on a public road miles from his home, and was not shooting at or threatening the law enforcement officers,” says the lawsuit submitted by Malinda McDougald, the mother of his son. Carney’s son was 5 years old when his father died. He also had a daughter.
After the Mississippi Bureau of Investigations looked into the shooting, the state Attorney General’s Office found no criminal wrongdoing. The case was not presented to a grand jury, the AG’s office said.
Suspect mentally unstable
George County sheriff’s deputies talked to Carney multiple times by phone after the relative called. The lawsuit says Carney was “agitated and upset.” Officers also were made aware that Carney had previously experienced a mental-health emergency.
Deputies secured a warrant and went to his home, with a “substantial law enforcement presence” gathered by the afternoon. The lawsuit contends officers never engaged Carney directly or served the warrant. They did call Jackson County, which sent a SWAT team and the military ATV, the lawsuit says.
The house is set back on a large piece of property fronted by shrubs and trees on rural Jordan Road.
“As night fell,” the lawsuit says, “law enforcement officers apparently hid in the bushes and trees near Mr. Carney’s property.” Carney was visibly upset, calling out, pacing the property and possibly drunk. They also reported hearing gunshots. The lawsuit indicates Carney was apparently unaware officers were on the property.
By 8 p.m., the lawsuit says, the officers left. On the phone, Carney indicated to George County deputies that he did not want to hurt anyone, needed sleep and would “seek help in the morning.”
But Carney apparently left the house around 1:30 a.m., drove down Jordan Road to its intersection with Broome School Road, parked his truck and fell asleep, according to the lawsuit.
Jackson County deputies named
The attorney who filed the lawsuit, Christopher “Stopher” Haug of Ocean Springs, also represents a family terrified by what was about to happen, according to a lawsuit they filed. Their case against Jackson County has been dismissed on a technicality, but they still have an allegation of reckless disregard for their safety pending against George County, court records show.
A mother, father and two children were traveling on Broome School Road before dawn to drop off the father for work. They said the military vehicle appeared from nowhere, forcing them to stop, and rammed Carney’s truck. Multiple shots were fired from the military vehicle, they said, but they never heard or saw Carney with a gun.
“Immediately after colliding with Mr. Carney’s truck,” the lawsuit filed by his beneficiaries says, “JSCO officers, including at least Deputy (Justin Kendal) Quinnelly, opened fire on Mr. Carney, shooting him through the front windshield multiple times.
“JSCO officers saw that Mr. Carney appeared to still be alive. JSCO officers then state that they backed up the MRAP (mine-resistant ambush protected vehicle), turned it slightly, and then rammed Mr. Carney’s truck again.” Then, the lawsuit says, they opened fire again.
The officers fired at least 30 times, the lawsuit says, striking Carney 17 times.
In addition to Quinnelly, Jackson County Deputy Derick Welton is named in the lawsuit. Sheriff John Ledbetter said both deputies are still with the department. He referred questions about the lawsuit to Jackson County board attorney Jimmy Colmer. Colmer reserved any comment because he said the lawsuit is still being reviewed.
Rather than try to safely contain a man who was agitated and experiencing a mental health crisis, the lawsuit says, Jackson County deputies resorted to deadly force.
Carney’s beneficiaries seek unspecified damages to compensate for his death, punitive damages to deter future bad behavior and attorney’s fees.
Staff Writer Margaret Baker contributed to this report.
