A woman from Ava has filed a lawsuit against the Ava Police Department claiming that an officer killed her husband in April of 2020 by kneeling on his back for several minutes.

Police received a domestic disturbance call April 4th, at around 6 a.m. and officer Kaleb Berkshire responded. When he arrived, he found Shane Aumick’s mother and wife outside of the home saying that Aumick was intoxicated and holding a knife. Berkshire was informed Aumick was “not in the right state of mind.”

Aumick left the home claiming that someone was trying to kill him. The officer convinced Aumick to let go of the knife and then removed a pistol from Aumick’s possession.

Court documents say he then cuffed Aumick on the front porch while waiting for ambulance assistance. Aumick told the officer he was bleeding from the hands. The family informed police that Aumick was “really intoxicated.”

Aumick’s family says that while he was on the porch he continued having delusions, seeing things, grunting, and screaming. Officer Berkshire continued to search Aumick saying “Stop! Stop, you understand? Stop now.” Aumick pleaded back, “Please! Have mercy!” He placed his knee on Aumick’s back to hold him down. Berkshire later threatened to use a taser if Aumick did not stop, after which he stopped grunting and became silent.

A medical crew arrived shortly afterward and both officer Berkshire and medical personnel realized that Aumick was in critical condition and began life-saving procedures until additional personnel arrived. Aumick was pronounced dead at 7:05, after 35 minutes of the procedures.

The lawsuit accuses the Ava Police Department and other parties of negligence and a lack of training. Aumick’s wife is seeking compensatory damages, damages for aggravating circumstances, punitive damages, and reasonable attorney’s fee and costs.

Defendants in the lawsuit include Douglas County, Cox Medical Centers, Douglas County Emergency Management, and paramedic Steve Woods.