Death by Cop 2021-2025
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Jonathan Andrew Pears
Age : 32
Gender : Male
Race : White
Date : 07/28/2021
Location : Residence in Wetumpka
City : Wetumpka
County : Elmore
State : Alabama
Agency : Elmore County Sheriff’s Office
Officer(s) :Deputy James McWhorter
Cause of Death : Gunshot
Event : Killed by police during mental health crisis
OPEN RECORDS SUMMARY :
On 07/28/2021, Elmore County Sheriff's deputies responded to a residence in Wetumpka after Jonathan Andrew Pears' mother called 911 seeking help for her son, a U.S. Army veteran who was experiencing a severe mental health crisis. Family members reported that Pears had been struggling with post-traumatic stress disorder (PTSD), traumatic brain injury (TBI), depression, and anxiety following multiple deployments to Iraq and Afghanistan. According to the family, the purpose of the 911 call was to obtain medical assistance during the crisis rather than to initiate a lethal law enforcement encounter.
Deputies encountered Pears outside the residence holding a large knife. According to the Sheriff's Office, deputies repeatedly ordered him to drop the knife before Deputy James McWhorter fired multiple rounds, killing Pears. The shooting occurred within minutes of deputies arriving at the home.
In the months following the shooting, Pears' family publicly challenged the official account and filed a federal wrongful death lawsuit alleging excessive force. The lawsuit contends that Pears was experiencing a psychiatric emergency, was largely stationary in his own front yard, and could have been contained while additional crisis resources or less-lethal options were used. The complaint argues that deputies escalated the encounter instead of employing de-escalation techniques despite recognizing that they had been called to assist a person in mental distress.
Court filings state that Pears had served multiple combat tours with the U.S. Army and had returned home with significant service-connected psychological injuries. His family said he had sought treatment through the Department of Veterans Affairs and argued that his military service and mental health history should have prompted a crisis-intervention response rather than an immediate resort to deadly force.
The lawsuit also alleges deficiencies in deputy training involving encounters with individuals experiencing behavioral health crises and questions whether adequate time, distance, communication, or specialized resources were utilized before deadly force was employed. The family has stated that, beyond seeking accountability for Pears' death, they hope the case leads to changes in how law enforcement agencies respond to veterans and others experiencing mental health emergencies.
Federal court records show the civil rights and wrongful death litigation continued for several years. The court dismissed some claims while allowing others to proceed before the parties ultimately reached a confidential settlement in 2024. The settlement resolved the civil case without a judicial determination regarding the legality of the shooting. I found no evidence that Deputy James McWhorter was criminally charged.
SOURCE LINKS :
https://apnews.com/article/health-police-shootings-lawsuits-veterans-21738eba672a50ab11b6cda27fccef15
https://www.wsfa.com/2021/08/09/family-plans-lawsuit-after-son-killed-by-elmore-county-deputy/
https://www.columbian.com/news/2022/mar/30/family-seeks-answers-changes-after-veteran-killed-by-deputy/
https://law.justia.com/cases/federal/district-courts/alabama/almdce/2%3A2021cv00668/76498/99/
https://www.alabamanews.net/2021/07/28/officer-involved-shooting-in-elmore-county-leaves-one-man-dead/
https://www.wsfa.com/2022/03/30/family-seeks-answers-changes-after-veteran-killed-by-deputy/
