Family of Moss Point man killed by police files wrongful death lawsuit
The family of Toussaint Diamon Sims is asking for unspecified monetary damages in a wrongful death lawsuit filed Thursday over a Moss Point police officer’s decision to shoot and kill the 27-year-old father, son and brother.
The suit was filed behalf on Sim’s mother, Keena Sims, and his two surviving children.
Named as defendants in the case in U.S District Court in Gulfport are the city of Moss Point, the Moss Point Police Department, Police Chief Brandon Ashley, and Police Officer Lancen Shipman — the officer who killed Sims.
The shooting happened Aug. 8, 2019, in Moss Point after Shipman first approached Sims at a Pascagoula gas station and tried to take him into custody unharmed. Sims drove off and led authorities on a car chase before he ran in a ditch, jumped out and ran.
Sims had a loaded semi-automatic weapons in his hand and was running with his back to the officer when he was shot multiple times in back and neck.
Attorneys Brian Dunn and Gerald Talmadge Braddock, both of the The Cochran Group in Los Angeles and Biloxi, respectively, are representing the family.
The suit alleges Shipman had inadequate training in use-of-force techniques and unnecessarily shot and killed Sims.
In addition, Shipman is accused of failing to follow standard police protocol and call for additional officers for back up before chasing Sims on foot and firing his weapon while Shipman was at least 30 to 35-feet away from Sims.
If Shipman truly thought his life was in danger, the suit alleges, he would have sought cover behind a large object, like a car, before shooting at Sims.
The suit also points out Shipman failed to turn on the body camera microphone to fully record the events that unfolded leading up to Sim’s death, which was a violation of Moss Point police policy and resulted in a policy violation for the officer.
The city and Moss Point police are accused of failing to render immediate medical aid to Sims at the scene, ultimately leading to his death.
The bottom line, according to the lawsuit, is that Sims died as a result of “excessive, unnecessary and unlawful“ force by police.
The family is asking for compensation for mental and physical pain and suffering, loss of future income from the deceased, as well as the loss of love, comfort, affection, companionship, care and assistance, protection and moral support from Sims.
Other damages the family is pursuing is for attorneys’ fees, funeral and burial expenses, costs for litigation and any other related expenses.
Since the shooting occurred , a Jackson County grand jury has ruled Sims’ death a justifiable homicide after hearing from 25 witnesses.
Shipman’s attorney, Calvin Taylor, has also repeatedly pointed out that Sims was considered armed and dangerous and was wanted on six warrants and had a gun ins his hand capable of firing numerous rounds at one time.
Moss Point police considered Sims armed and dangerous because of his previous run-ins with law enforcement.
At the time, he was wanted on three felony and three misdemeanor charges — two counts of felony fleeing in other police chases, one count of aggravated assault, two counts of domestic violence by simple assault, and one count of assault by threat.
Gautier police also had issued warrants on a third charge of felony fleeing and a charge of felony child endangerment because he had a small child in the car during another pursuit.
In each case of a police shooting, a grand jury meets with prosecutors, reviews the facts of the individual case and hears from the people involved. The grand jury then makes a recommendation about whether the officer should face criminal charges.
The city of Moss Point has not responded to the allegations in the lawsuit.
