The lawsuit filed in Montgomery County Common Pleas Court says that Driscoll was unarmed and participating in religious practices at the time.
“While the Plaintiff was sitting in his motor vehicle, he was praying and involved in other religious activities including speaking in tongues,” the lawsuit says.
It says Driscoll used a trail to a pond to gather water in a jug and when he returned Smiley was on the scene after a third party placed a non-emergency call for a welfare check on him.
“At no time did the Plaintiff ever threaten a single person. At no time did the Plaintiff have any weapon on his person,” the lawsuit says. “Deputy Jennifer L. Smiley escalated the situation, pulled out her gun without good cause, and ordered the Plaintiff to the ground. When the Plaintiff did not immediately comply, she threatened to shoot him.”
“Deputy Jennifer L. Smiley negligently, recklessly and/or maliciously fired one shot into the abdomen of the Plaintiff, severely wounding him,” the lawsuit says. “She then proceeded to handcuff the Plaintiff.”
During a press conference last year, Montgomery County Sheriff Rob Streck said Driscoll had appeared to be drinking gasoline and pouring it on himself. Driscoll also shouted about “the blood of Jesus” during the encounter.
Driscoll’s attorney, Ronald Maurer, said the man was not drinking gasoline and declined further comment.
Streck said at the press conference that Driscoll rapidly approached Smiley after ignoring 36 commands. Video of the encounter was taken by a bystander at the park and was previously released to media.
The sheriff’s office declined to comment on the latest lawsuit.
About the Author
