By Robert J. Hansen | OBSERVER Staff Writer
The father of a man who was shot and killed by police on a Regional Transit light rail in August is suing the city and two officers for failing to use de-escalation tactics.
On Aug. 15, Sacramento police responded to a call about a man on the train with a large knife possibly experiencing a mental health crisis. Police at the time said two officers tried de-escalation techniques before 44-year-old Dante Day was shot multiple times.
The lawsuit, filed April 17 by Oakland civil rights attorney John Burris, lists Day’s father, Derick, as the plaintiff and the City of Sacramento and the two officers as defendants. The officers’ names are not in the lawsuit.
Burris could not be reached for comment.
In the lawsuit, Derick Day alleges his son was deprived of his right to due process during his encounter with the officers on the train.
“Dante Day was in a state of severe emotional distress that day and did not harm or threaten any passengers. It also suggests that the officers did not take proper de-escalation tactics given Day’s state of mind that day,” the lawsuit alleges.
One officer shot Day with several nonlethal bullets before the second shot him with six lethal rounds.
The lawsuit also accuses the defendants of violating Dante Day’s right to a familial relationship, causing him emotional distress and acting with negligence.
Months after the killing, the Sacramento chapter of the NAACP denounced and condemned the police’s actions against Day, who it said appeared to be having a mental health crisis during the incident.
“Mr. Day, clearly overwhelmed with fear of the police officer, and without aggression, eventually stood up,” the statement read. “The immediate response was police releasing pellets [firing ‘other than lethal’ beanbags]. Mr. Day moved forward, again appearing to be despondent with fear, and the police shot him.”
The NAACP said Day was killed because of a failure by the Sacramento Police Department to use de-escalation tactics, including on-scene psychological intervention and care.
In the footage released by police, Day is heard saying “I know y’all got to do your job but I’m scared of you.” Police are seen repeatedly asking Day to put down the knife and saying they don’t want to hurt anyone.
Bodycam footage does appear to show another passenger remaining on the train as police engaged with and shot Day.