AUBURN, Wash. — The parents of a man killed by Auburn police in 2019 filed a federal wrongful death and civil rights lawsuit alleging an officer shot the 26-year-old in the back of the head while he was lying face down in a parking lot.
The lawsuit contends Officer Kenneth Lyman has an extensive history of using force and was carrying an unapproved and “illegal” dagger that he later claimed Enosa Strickland Jr. had grabbed and refused to drop during a struggle.
Snohomish County Prosecuting Attorney Adam Cornell, who reviewed the case, ruled the shooting as justified in 2021, but Strickland's family said they still have questions about the shooting and the training and accountability measures in place.
"We're not asking for something special, we talk about accountability and things like that- that's what we're asking for," said Enosa Strickland Sr. "There's an opportunity to improve, and we can do better as a community."
The Stricklands said the loss of EJ has left a huge hole in their home.
"He had a huge heart, he was kind, he was funny, he loved to laugh, he loved to eat," Kathleen Keliikoa-Strickland said. "He loved his job he currently had before this happened. He helped move senior citizens in and out of homes, and I could tell his heart was big because he came home once and said mom, we moved this lady in and we had to move her out because she passed away and I could just see the heartbreak in him."
The Stricklands say EJ grew up in Auburn, participating in a number of team sports and spending most of his time with his friends and cousins. They say he was pursuing his passions of art and music before the night that prompted them to file this lawsuit.
The lawsuit, filed Wednesday in U.S. District Court in Seattle, alleges that Lyman and another officer identified only by the initials “DM,” responded to a domestic disturbance in an apartment parking lot around 1 a.m. on May 20, 2019, where a woman “had apparently rejected Strickland's romantic overtures.”
“EJ was not engaged in any illegal activity or violating any laws,” according to the complaint. “EJ was unarmed. He was not arrested.”
The officers, concerned that Strickland had had too much to drink, allowed him to call his mother, Kathleen Keliikoa-Strickland. They spoke and she agreed to come pick him up, according to the claim.
The lawsuit alleges that the interaction between Strickland and the officers became strained and Lyman struck him in the face. According to the lawsuit, “No warnings, admonitions or cautions were issued" before Lyman punched Strickland.
The lawsuit alleges the officers then tackled Strickland, who ended up facedown on the ground. One minute later Lyman shot him.
Strickland's mother and father arrived four minutes later.
The case was referred for review to Snohomish County, where prosecutors determined Lyman’s actions were legal.
The City of Auburn released this statement, which is a police account of what occurred.
According to the statement, officers decided not to arrest Strickland for the disturbance but decided to stay with him while he waited for a ride home due to his "impaired state." Officers, according to the statement, noted Strickland "appeared to be intoxicated, as the caller had indicated, based on the smell of alcohol, delayed movements, and bloodshot eyes."
While waiting for family to arrive, Strickland made two more phone calls, according to the statement. After the third, his "demeanor changed," he became "agitated," and he started pacing back and forth and began cursing at the officers, according to the statement.
Strickland approached Lyman and "brought his hand quickly upwards," according to the statement. Lyman, thinking he was going to be struck, tried to protect himself and there was a brief struggle, according to the statement. Strickland punched the other officer at the scene, before being taken to the ground, according to the statement.
During the struggle, Strickland took Lyman's knife, according to the statement. Not following commands and fearing Strickland would use the knife against the officers, Lyman fired a shot into the back of Strickland's head, according to the statement.
According to the lawsuit, the only other witness to the incident, the woman at the scene, stated in her interview that she heard, "drop the knife, drop the knife or I'm gonna shoot and then I heard him laugh, Enosa, and he said what knife are you talking about and then I heard a shot. Well, I heard something hit the floor. I heard like a metal probably what they were referring to as the knife. I heard that clank on the asphalt and then I heard a shot."
Attorneys for Strickland's family allege there is not enough evidence to support that Strickland did grab the knife or that he was threatening officers. KING 5 requested video of the incident from the City of Auburn Thursday and was directed to file a public records request; that request has been filed. KING 5 also asked for comment on the case but was told the city does not comment on pending litigation.
"There are many questions about what their accountability measures are and if they worked, how they're supervising and hiring and training officers, and how they're supporting those officers," said Gemma Zanowski, an attorney who is representing the family. "We're looking for a lot of answers still. I think the information we have publicly available is just the tip of the iceberg. Again what we have seen is that, there are issues within the force... there are ways the force can improve and they have allowed again a pattern of conduct within the department that has led to multiple use of force incidents."
Both the suit and the police report confirm Lyman shot Strickland in the back of the head, killing him. Strickland's mother and father arrived four minutes later. The suit says they "have suffered and continue to suffer significant trauma and emotional distress from witnessing that scene."
"It's been a hard couple of years without him, it has," said Keliikoa-Strickland. "He was a big presence in our house."
The shooting was 11 days before Auburn Officer Jeffery Nelson allegedly shot and killed 26-year-old Jesse Sarey. Nelson was charged with second-degree murder and first-degree assault.
Legal documents show Officer Lyman is being represented by the same counsel as the City of Auburn; KING 5 reached out to those attorneys to extend the opportunity for any further comment.