The Virginia Supreme Court has overturned a lower court ruling, determining that a Spotsylvania County sheriff’s deputy is not liable for injuries sustained by a suspect who shot himself in the head while in custody. The ruling, issued on April 3, shields Deputy David Setlock and Sheriff Roger Harris from claims brought by Dennis Howard, who suffered severe injuries in the 2018 incident.
The case centered on Howard, who, despite having written a suicide note, was apprehended by law enforcement. While detained in Setlock’s patrol car, Howard managed to free his hands and access a firearm left on the front passenger seat, using it to shoot himself.
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Howard’s lawsuit argued that the sheriff’s department was negligent in allowing him access to a weapon while he was known to be suicidal. However, the Supreme Court sided with the defendants, citing the “defense of illegality.”
Justice Wesley Russell, writing for the court, stated, “It is well established in Virginia that a person may not recover in tort for injuries suffered as a result of his own illegal or immoral acts.” He emphasized that Howard, a convicted felon, was in violation of state law prohibiting felons from possessing firearms.
“It cannot be disputed that Howard’s violation of [that law] was a proximate cause of his claimed injuries,” Russell wrote. “In fact, Howard conceded this point during oral argument in this Court.”
The incident unfolded after Howard’s girlfriend obtained a protective order against him. Following his failure to appear at work, a friend discovered a suicide note and a missing shotgun at his residence. Law enforcement located Howard in a vacant industrial building parking lot. Setlock handcuffed Howard’s hands behind his back and removed a knife and shotgun ammunition from his pockets.
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During transport, Howard complained of breathing difficulties and maneuvered his hands to under his knees. Setlock warned him against moving his hands forward and adjusted the vehicle’s air conditioning. However, Howard succeeded in retrieving a handgun and loaded magazine, as well as the shotgun which Setlock had placed on the passenger seat. While Setlock was outside the vehicle speaking with a superior officer, Howard shot himself in the head.
The Court of Appeals had previously allowed Howard’s argument, which claimed an exception to the illegality defense for individuals of “unsound mind,” to proceed. However, the Supreme Court rejected this, stating that the law prohibiting felons from possessing firearms does not include a “sound mind” element.
The Supreme Court ruling effectively ends Howard’s legal pursuit of damages against the Spotsylvania County Sheriff’s Department.
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