Lawyers, family of man killed by undersheriff think there are more videos of shooting

The family of a man who was fatally shot by a Barber County undersheriff, and their attorneys, think authorities haven’t released all of the videos related to the incident.

Steven Myers, 42, was shot on the left side of his chest with a beanbag round that was fired from Undersheriff Virgil “Dusty” Brewer’s shotgun on Oct. 6.

Brewer apparently was not wearing a body camera, according to what can be seen in the video from recordings that were released to The Eagle on Wednesday.

No clear view of the shooting is available.

Michael Crabb, one of the attorneys for the family, spoke about their doubts Thursday while driving to Medicine Lodge, where they hope a hearing will be held on the matter Friday morning.

The court hearing was originally set to determine if the video should be released. But Barber County Sheriff Lonnie Small and attorney Jeff Jordan released the videos Wednesday. They filed a motion Thursday morning saying the hearing is no longer necessary, according to Crabb.

“The gist (of the filing) is now that they produced the video, there’s no reason to have the hearing,” he said.

Crabb said they think at least one video is missing — and having a hearing could help determine that.

“We would like to inquire, under oath, if there is any more video,” Crabb said. “And if there is, we want to find out why they haven’t produced them.”

Crabb said his office, and Myers’ widow, Kristina, have yet to receive copies of the videos, which they were told had been mailed. However, according to a lawsuit filed by Kristina Myers in November, the family’s other attorney, Michael Kuckelman, was able to view the footage — but did not have his own copies.

“The only thing (the family) has seen are the two clips on The Eagle’s website,” Crabb said. “The family is still pushing hard for a public hearing (Friday) morning.”

On Wednesday evening, Kuckelman said the public release of the videos is “a small victory in an otherwise tragic case.”

“But it’s disappointing that the Barber County sheriff spent what must amount to tens of thousands of dollars, fighting the Myers family request for copies of the videos and audio,” Kuckelman said. “It has been a very difficult process, and we learned on Friday that the KBI discovered two more videos that Sheriff Small had not previously disclosed. The sheriff has needlessly added to the grieving family’s suffering.”

A phone call to Jordan’s office Thursday afternoon wasn’t returned.

Kuckelman said in the lawsuit that Steven Myers was unarmed and obeying a command to come out of a shed behind a house when he was shot. And “after a mere eight seconds of shouting inconsistent commands,” the lawsuit says, Brewer fired his 12-gauge shotgun at Myers’ chest from about 6 to 8 feet away.

Expert raises questions

David Klinger, a professor of criminology and criminal justice at the University of Missouri St. Louis and Senior Fellow at the Police Foundation in Washington D.C., watched the video and listened to the 911 call on Thursday.

He raised several questions.

Did the undersheriff actually fire a beanbag round? If so, what type of beanbag round was fired?

Older versions of 12-gauge beanbags were shaped like squares, and were found to be more lethal than newer beanbags, which are circular in shape with a tail, Klinger said. He also noticed that the shotgun from which the beanbag was fired didn’t appear to be different from others.

“Bigger agencies have a designated beanbag gun,” he said, explaining they are often different colors, such as bright orange, green or pink. “I didn’t see that in anybody’s hand.”

Bean bag rounds are considered “less-lethal” weapons because they can create blunt trauma injuries when fired at close range or in sensitive areas of the body, according to a 2009 review by the U.S. Department of Justice.

The timeline of events

In the videos, after the beanbag is fired, deputies yell for Myers to get on the ground, and he slowly falls to his stomach. Minutes pass before the deputies turn him onto his back. Blood is seen covering Myers’ chest. One deputy places his hand over the wound. About five minutes and 18 seconds after the shot is fired, they check for a pulse. Ten seconds later, a deputy says they can’t find one.

Five minutes and 35 seconds after the beanbag is fired, a deputy is heard asking, “Can we do CPR with ...” and the video cuts off.

Klinger’s viewing brought up a third question.

“I didn’t see that (Myers) had a weapon on him,” he said. “That’s really another big question.”

“Why was the beanbag shot?” Klinger asked.

Those questions can’t be easily answered just by watching the video, he said. But he added, “I think the sheriff’s department should be applauded to have the foresight to bring in less-lethal ammunition, because things can shift rapidly.”

According to audio released Wednesday, sheriff’s officers responded to a report that Myers was drunk, had been thrown out of Buster’s bar, had a “long gun” and was threatening people on Main Street.

This story was originally published December 21, 2017 at 5:12 PM with the headline "Lawyers, family of man killed by undersheriff think there are more videos of shooting."