Maverick Lyon, 21, is suing the Albany Police Department and a Benton County probation officer after officers shot him five times and Tased him on January 6, mistaking him for his drug-addicted brother, John "Dakota" Lyon. Lyon alleges the officers violated his Fourth Amendment rights through excessive force, battery, and negligence.
The incident began when Dakota, who had relapsed into drug abuse, held Maverick hostage with a kitchen knife inside their family's home in North Albany, Oregon. Their father, alerted by phone calls from Dakota and by viewing security camera footage, called 911 to report the situation, specifying Maverick was wearing a gray long-sleeve shirt.
Responding officers approached the house. One officer, Matt Thomas, observed two men inside matching the father's description. As Maverick escaped the house, he dropped the knife and ran out with his hands extended to show he was unarmed. Despite this, officers Tased him and fired multiple shots, hitting him five times. Maverick informed the officers that they had the "wrong guy" and that he was the hostage.
"He was holding me hostage," Lyon could be heard telling the officers after he was shot, according to the lawsuit.
Lyon spent a month in the hospital undergoing surgeries, including the removal of half his right lung. He missed his college spring semester and senior lacrosse season. His attorneys stated that his facial injuries will require further orthopedic and plastic surgery. The lawsuit claims the shooting was a result of a lack of communication between officers and a failure to distinguish between the hostage and the threat.
Dakota Lyon has since pleaded guilty to attempted kidnapping, unlawful use of a weapon, and coercion, and was sentenced to over six years in prison. He reportedly stated in court that he wished he could have taken the bullets instead of his brother.
The Benton County District Attorney has ruled the shooting justified, stating the officers had fractions of a second to decide how to act and made an objectively reasonable belief that force was necessary. However, he acknowledged the outcome was an "absolute tragedy."
Maverick's parents expressed support for his legal action, stating they "want answers, accountability and changes that help prevent another family from experiencing the pain ours has."