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A federal judge in a civil lawsuit late last month cleared a Brookfield police officer, a Trumbull County Sheriff's Office deputy, Vienna police officer and an Ohio State Highway Patrol trooper of all liability in the March 21, 2023, shooting death of Fred H. Wild in Brookfield.
Law enforcement officers from several jurisdictions fired the shots that killed Wild, 50, of Girard, a fugitive with several warrants, as he drove a pickup truck with a snowplow attachment toward them while trying to escape a Brookfield cabin along state Route 7.
As is customary in excessive force cases, Trumbull County Assistant Prosecutor Christopher Becker was assigned to review the evidence and prepared a summary report for review. In this 88-page report, released May 26, 2024, which details Wild's criminal record and the days leading up to the shooting, Trumbull County Prosecutor Dennis Watkins stated that no criminal charges would be filed against the officers.
In an opinion filed July 24, U.S. District Judge Bonita Pearson ruled no civil liability should proceed against Brookfield officer Cody Dean, sheriff's deputy Dennis Garito, Vienna officer Jarett Pishotti and patrol Sgt. Jason Bonar, stating their use of deadly force was warranted. However, Pearson ruled the civil case against Brookfield officer Shane Smith should proceed to trial, because the judge determined the evidence was not conclusive as to whether he acted properly. All the officers fired their guns at Wild.
The estate of Wild in the civil lawsuit claimed officers fired on Wild before he started the truck and put officers in danger. However, according to the report by Watkins, three Graham Factors were used to assess the use of force -- the seriousness of the offense, the immediate threat and resistance or evading arrest. Watkins noted an "immediate threat" to officers, because of the belief Wild may have found a weapon inside the cabin.
When the shooting occurred, there were at least three officers within a few feet of being struck by the pickup truck. In her decision, Pearson noted that Smith, who was behind the truck, was not in physical danger.
The evidence also showed that Bonar was in front of the truck as it moved forward and the truck swerved left at the last second away from the sergeant. However, the judge cleared Bonar because as he saw the truck swerve, he feared for the safety of officers he thought were behind him, Pearson ruled.
"Based on the record, a reasonable officer in the same position as Deputy Garito, Officer Pishotti or Sgt. Dean would have probable cause to believe that Wild posed an immediate threat to the officers in front of the truck as he attempted to flee," the judge stated.
The firing of the guns by these three officers "was reasonable" based on the totality of the circumstances, she stated.
Wild encountered Liberty police on March 18, 2023, but on March 20, a Lordstown 911 report alerted authorities about Wild's presence there. He left driving an orange Dodge truck, which led police on a chase that reached speeds of 110 mph through multiple jurisdictions, including Warren, Leavittsburg, Champion, Bazetta and Howland.
The pursuit ended when Wild's truck got stuck on railroad tracks on the Merwin Chase Road overpass in Brookfield in mid-afternoon. Hours later, a 911 call from a Brookfield property owner reported that Wild was trespassing in a cabin. By dark, police surrounded the cabin, and Wild attempted to drive the stolen truck toward officers.
Ignoring their commands to stop, Wild was fatally shot about 1:16 a.m. March 21.
The civil suit was filed on Feb. 14, 2024, citing Wild's civil rights were violated and sought damages of $25,000.