Cleveland police officer sues city, ex-partner who shot her during 2020 investigation

CLEVELAND, Ohio (WOIO) – A Cleveland police officer is suing town and her former associate two years after she was shot by him whereas responding to a name.

The federal lawsuit was filed Wednesday.

“I would like justice for Jenny. I would like some recognition from town that what occurred to her was not proper,” mentioned lawyer Matthew Besser. “On a bigger scale, I believe what Jenny actually desires is to verify this doesn’t occur once more. To ensure that her fellow officers know once they go on the market that their associate goes to have their again.”

Officer Jennifer Kilnapp and her associate, Officer Bailey Gannon, responded to a report of home violence on East 81st Avenue in July of 2020.

On Gannon’s physique worn digital camera, obtained by 19 Information, a girl inside the house could possibly be heard telling the officers that the male suspect was armed.

The footage later reveals the officers encountering the person, who was allegedly holding a gun at his aspect.

That’s when gunshots have been fired.

Kilnapp was shot within the arm.

The bullet fragmented into her bicep and her chest, lodging close to her backbone, Besser mentioned.

“I want I may overlook the sensation of pondering I used to be going to die,” Kilnapp mentioned final 12 months. “I want I may overlook seeing all of the blood dashing out of my physique and the excruciating quantity of ache I felt that day.”

The suspect, Darryl Borden, was initially charged with tried homicide, however testing later revealed Kilnapp was shot by her associate, Gannon.

“The forensic examination on the scene reveals no bullets from Borden fired even remotely in Kilnapp’s route,” the lawsuit contends, referencing Ohio Bureau of Felony Investigation proof. “Borden fired from inside the lavatory into the lavatory door earlier than the bullets landed within the wall reverse him. Kilnapp was by no means in Borden’s line of fireside.”

“There was no physique digital camera footage exhibiting Borden taking pictures at Kilnapp, and even in her route. Gannon claimed to murder detectives that when he opened the door, Borden was holding a gun in two fingers and pointing it on the door. Upon info and perception, the next investigation proved that Gannon’s account of the taking pictures couldn’t probably be true,” the criticism said.

Borden finally pleaded responsible to tried felonious assault and was sentenced to 6 to 9 years in jail.

Referencing police bodycam footage and BCI proof, Besser argued that Gannon’s reckless actions led to Kilnapp being wounded.

“Gannon pointed his gun over his head, in the wrong way he was operating, and commenced firing blindly behind him,” he mentioned. “Any gun consumer is aware of probably the most fundamental guidelines of gun security is that you simply by no means level a gun at somebody with out realizing who is likely to be within the line of fireside. By selecting to disregard that fundamental gun-safety rule, Gannon prompted devastating penalties. Sadly, his conduct displays CDP’s ongoing tradition of extreme power and its longstanding failure to adequately prepare rookies on the suitable use-of-force.”

Gannon, Chief Wayne Drummond, and the Metropolis of Cleveland are all named within the lawsuit.

19 Information has not reviewed official disciplinary recordsdata, however Besser claimed Kilnapp was suspended as a result of she didn’t flip her physique worn digital camera on when getting into the house.

The division by no means disciplined Gannon, in accordance with the criticism.

A metropolis spokesperson informed 19 Information they couldn’t touch upon the lawsuit, per metropolis coverage.

Kilnapp continues to be a Cleveland police officer, however has not returned to work as a consequence of her accidents, Besser mentioned.

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