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Case 3:16-cv-00436-BJD-JBT Document 1 Filed 04/13/16 Page 1 of 31 PageID 1
FILED
UNITED STATES DISTRICTCOURT ?0!6APRI3 AH[0:2l*
MIDDLE DISTRICTOF FLORIDA
JACKSONVILLEDIVISION CLERK,us DISTRICT COURT
HiDDLE DISTRICT OF FLOiUDA
JACKSONVILLE DISTRICT
DC CASE NO.: "5'.VU-CV-45(^-3
RICHARD SHELDON,
asa Personal Representative
ofthe Estate ofAndreaSheldon,
deceased, and in his individual capacity.
Plaintiff,
vs.
THOMAS CAMERON COWARD, in his
individualcapacity,andhiscapacityasa St.Johns
County SheriffsOfficer, SCOTT STOKES, in his
individual capacity, and hiscapacity asa St.John's
County SheriffsOfficer, GLENN LAPPE, in his
individualcapacity,and hiscapacity asaSt.John's
County SheriffsOfficer,JEREMY HUDDLESTON,
inhis individual capacity, and hiscapacity as a St.Johns
County SheriffsOfficer, MICHAEL R. WILLL\MS,
inhis individual capacity, and hiscapacity as a St.Johns
CountySheriffsOfficer,TONYMATUSE,inhis
individualcapacity,andhiscapacity asa St.JohnsCounty
SheriffsOfficer, DAVID B.SHOAR, in his capacity as
SheriffofSt.Johns County,ST.JOHNSCOUNTY
SHERIFF'S OFFICE, a law enforcementorganization, and
ST.JOHNSCOUNTY,a municipalityor subdivision
oftheStateofFlorida,
Defendants.
/
COMPLAINT AND DEMAND FORA JURY TRIAL
Plaintiffbrings this action seeking monetary damages, attorneys' fees, and costs
and alleges as follows:
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1. This is a civil action pursuantto 42 U.S.C. §§1983 and 1988 for monetary
damages,attorneys' fees, and costs forthe deprivation ofPlaintiffs rights securedby the
Fourth and Fourteenth Amendments to the United States Constitution as well as claims
underFloridaLaw,
JURISDICTION AND VENUE
2. Plaintiff invokes the jurisdiction of this Court pursuant to 42 U.S.C. §§
1983 and 1988 and 28 U.S.C. §§ 1331 and 1343, as to the Federal claims herein. The
court has supplemental jurisdiction as to the State law claims pursuant to 28 U.S.C. §
1367.
3. Venue in this district is proper pursuant to 28 U.S.C. § 1391, in that the
cause ofaction aroseinthis district.
parties
4. Plaintiff, Richard Sheldon, both in his personal capacity and as personal
representative of the Estate of Andrea Sheldon andas spouse of Andrea Sheldon since
October 20, 2001, is and was at all times relevant an adult resident of St. Augustine,
Florida,St.JohnsCounty,Florida,andacitizenoftheUnitedStates.
5. Defendant, Cameron Coward, isand was at all times relevant an employee
ofthe St. Johns CountySheriffs Office.DefendantCowardis a "person" pursuantto 42
U.S.C. § 1983 and at all times relevant to this action acted under color oflaw or in his
personal capacity.
6. Defendant, Scott Stokes, is and was at all times relevant an employee of
the St. Johns County Sheriffs Office. Defendant Stokes is a "person" pursuant to 42
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U.S.C. § 1983 and at all times relevant to this action acted under color oflaw or in his
personal capacity.
7. Defendant, Glenn Lappe, is and was at all times relevant an employee of
the St. Johns County Sheriffs Office. Defendant Lappe is a "person" pursuant to 42
U.S.C. § 1983and at all times relevantto this action acted under color oflaw or in his
personalcapacity.
8. Defendant, Jeremy Huddleston, is and was at all times relevant an
employeeofthe St. Johns County SherifiTs Office. DefendantHuddlestonis a "person"
pursuant to42U.S.C. § 1983 andatalltimesrelevant tothis action acted under colorof
law or inhis personal capacity.
9. Defendant, Michael R. Williams, is and was at all times relevant an
employee of the St. Johns County Sheriffs Office. Defendant Williams is a "person"
pursuant to 42 U.S.C. § 1983 andat alltimesrelevant to thisactionactedundercolorof
law or inhis personal capacity.
10. Defendant,Tony Matuse,is and wasat all timesrelevantan employeeof
the St. Johns County Sheriffs Office. Defendant Matuse is a "person" pursuant to 42
U.S.C. § 1983 and at all times relevantto this action acted under color oflaw or in his
personal capacity.
11. Defendant, David B. Shoar, is and was at all times relevant an employee
and Sheriff of the St. Johns County Sheriffs Office. Defendant Shoar is a "person"
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pursuantto 42 U.S.C. § 1983 and at alltimes relevantto thisaction acted undercolorof
law or in his personal capacity.
12. Defendant, St. Johns County Sheriff's Office, (hereinafter "SJSO") is a
lawenforcementorganizationfundedbySt. JohnsCounty, a municipality or subdivision
ofthe State ofFlorida.
13. St. Johns County is a municipality or subdivisionofthe State ofFlorida
and the employerofCameron Coward, ScottStokes,GlennLappe,Jeremy Huddleston,
MichaelR.Williams,TonyMatuse,DavidB.Shoar,(hereinafter"DefendantOfficers").
FACTUAL ALLEGATIONS
14. On April 14, 2012, Richard Sheldon and his wife, Andrea Sheldon,
residedat 2900 blockofCountyRoad214,lot71, St.Augustine,FL32084.
15. Mr. Sheldon is and was at all times relevant employed by the Jacksonville
FireandRescueDepartment(hereinafter"JFRD").
16. Mrs. Sheldon was employed as a hospice nurse and assisted in the
operation of Hummingbird Acres, a farm and limited liability company located on the
Sheldon'sresidence at 2900 block ofCounty Road 214, lot 71,St. Augustine, FL 32084.
17. Greg Roland, Chief of the JFRD location where Mr. Sheldon was
employed, spoke with Mr. Sheldon on the night of April 14, 2012, and Chief Roland
contactedthe St.Johns County Sheriff's Office.
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18. Mr. Sheldon left his residence located at the 2900 block ofCounty Road
214, lot 71, and created a campsite with a campfire in the woods approximately five
miles away from his residence.
19. Mr. Sheldon'sresidence (lot 71) is located approximately one mile down a
dirt road from County Road 214 and isvery secluded.
20. There are very few lightsin the vicinity ofthe Sheldon's residence and it
wasremoteenoughforthe Sheldon's tokeepandmaintainlivestockonthepremises.
21. St. Johns County Sheriffs Officers, including but not limited to
Defendants, were dispatched to the 2900 block of County Road 214 at approximately
10:40pmto conductawelfare check.
22. Neither Defendant Officers nor any other employee of the St. Johns
CountySheriffs Office made any effortto nor did they make contact witheither Mr. or
Mrs. Sheldonpriortoarriving atthe2900blockofCounty Road 214.
23. Defendantsparked their patrol vehiclesapproximately a mile away from
the Sheldon'sresidence,
24. Defendants' patrol cars and their lights could not be viewed from the
Sheldon'sresidence.
24. DefendantMatuse remained in the roadway with the patrol vehicles.
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25. DefendantsLappe,Stokes,Coward,Huddlestonand Williamsapproached
the Sheldon's residence.
26. All Defendantswere armed.
27. St. Johns County Sheriff's Office had information that Mr. Sheldon was
possibly suicidal and located in the woods.
28. St.Johns County Sheriffs Officehad informationthat Mrs. Sheldonwas
at herhomeandwaspossiblyinpossessionofafirearm.
29. St. Johns County Sheriffs Office sent an unreasonable number ofarmed
personnel to the Sheldon's residence under the circumstances, without attempting to
adequatelyassessthe situation.
30. St. Johns County Sheriffs Office escalated circumstancesby sending an
unreasonablenumberofarmedpersonnelwithoutcontactingMr.or Mrs.Sheldonpriorto
theirarrival.
31. When Defendants arrived at the Sheldon's residence, Mr. Sheldon's
vehicle was notatthe residence.
32. Defendants surreptitiously approached and surrounded the Sheldon's
residence.
33. Defendant Huddleston stopped at the beginning ofthe Sheldon'sdriveway
and called Mr. Sheldon on thetelephone.
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34. Mr. Sheldon advised Defendant Huddleston that he was not at his
residenceand was locatedapproximatelyfive milesaway inthe woodsnorthofhishome.
35. When Defendantsarrived,therewerenosignsofadomesticdispute.
36. When Defendants arrived, there was no sign ofadisturbance ofany kind.
37. Mr. Sheldon was not present at hisresidence when Defendants arrived.
38. Defendants Coward, Stokes, Williams and Lappe proceeded to the
Sheldon'sfront yard with automatic rifles and shotguns.
39. Defendantsspreadoutandcoveredthefrontdoor fromdifferentangles.
40. Defendant Stokes went to the left (south) side ofthe home.
41. Defendant Williamsto the right (north) side ofthe home.
42. Defendants Coward and Lappe walked up to the front door.
43. Andrea Sheldon opened the front door topless, wearing only underwear.
44. When Mrs. Sheldon opened her front door, Mr. Sheldon was on the phone
with DefendantHuddleston.
45. The telephonic conversation between Mr. Sheldon and Defendant
Huddleston was recorded.
46. At no time can any Defendant be heard announcing his presence on the
recording.
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47. At no time can any Defendant be heard giving Mrs. Sheldon instructions
on the recording.
48. Gunfire can be heard onthe recording.
49. After the sound ofgunfire. Defendant Huddleston stated, "Oh shit!"
50. The telephonic recording captured Mr. Sheldon repeatedly asking Deputy
Huddleston why shots were fired.
51. Defendant Huddleston disconnected the call without telling Mr. Sheldon
that Mrs. Sheldonhad beenshot.
52. Defendant Scott Stokes was armed with a H&K .45 caliber handgun with
three magazines.
53. Defendant Coward was armed with a Bushmaster AR-15 rifle with one
magazine.
54. DefendantLappe was armed with a H&K .45 caliber handgunwith three
magazines.
55. Defendant Williams was armed with a Mossberg 500AG shotgun.
56. Defendant Williams previously failed proficiency testing with the 500AG
shotgun and was not qualified to cany it.
57. Mrs. Sheldon was shotat least eight times.
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58. The first gunshot wound documented by Medical Examiner, Pedrag Bulic,
wascharacterizedas a penetratingwoundofthe leftsideoftorsointoMrs.Sheldon's left
shoulder. The projectile's track was unique in that there were multiple re-exits and re-
entrancesbeforelodgingandbeingrecoveredinMrs.Sheldon's leftarmpitandshoulder.
59. The medical examiner's report categorized the second bullet as a
penetrating gunshot wound the left side of the back, through the left shoulder into the
occipitalscalp.TheprojectiledidnotexitMrs.Sheldon,andwasrecoveredlodgedwithin
thelaceratedscalpandtangledhairofthebackofherhead,
60. The medical examiner's report categorized the third gunshot wound as a
perforating gunshot wound ofthe left flank through Mrs. Sheldon's torso. The projectile
trackedthrough Mrs.Sheldon'sstomach,liver,diaphragm,and leftchestwall.
61. The medical examiner's report categorized the fourth gunshot wound as
traveling through Mrs, Sheldon's left upper thigh into her abdomen. Specifically, the
projectiletrackedthroughMrs.Sheldon's left upperthigh, leftquadricepsmuscle,pelvic
floor, small bowel loops, and pancreas. The projectile was recovered from Mrs.
Sheldon'speripancreatic fatty tissue.
62. The medical examiner's report categorized the fifth gunshot wound as a
penetratinggunshot woimdto Mrs. Sheldon's "left middle back." Thiswound resulted in
extensive laceration of tlie left lung, left hemothorax, fracture of the ninth left rib and
transection ofMrs. Sheldon's spinal cord. The projectile was recovered lodged into Mrs.
Sheldon'sspinalcolumn attheT-5 vertebra.
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63. The medical examiner's report notated the sixth gunshot wound was
sustained toMrs. Sheldon's "leftmiddle" back. Theprojectile tracked subcutaneously in
adiagonal directionacrossMrs. Sheldon'sback.Thisprojectile wasnotrecovered.
64. Themedicalexaminer's reportcategorized the seventhgunshotwoundas
a penetrating gunshot wound of the left posterolateral upper thigh into the left flank
subcutis.The projectiletrackedthroughupward throughthe soft tissuesofthe leftthigh
and hip before coming to rest under the skin and fat tissue ofthe left flank where it was
recovered.
65. An eighth gunshot wound was documented in the medical examiner's
reportwithoutany additional information.
66. Mrs. Sheldon died at the scene as a result of these gunshot wounds
inflicted upon her by Defendants.
67. Medical Examiner Bulic's final diagnosis and findings from his June 18,
2012, report listed the cause ofdeath as "multiple gunshot wounds" and the manner of
deathas"homicide."
68. The Florida Department of Law Enforcement (hereinafter "FDLE")
arrived and conducted an investigation into the incident at the Sheldon's residence,
approximately three hours after the incident.
69. St. Johns County Sheriffs Office was involved in several officer-involved
shootings involvingexcessive force priorto the death ofMrs. Sheldon.
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