15-Year-Old Boy Shot, Killed By IE Deputies Was Autistic: Attorney

APPLE VALLEY, CA — A 15-year-old Apple Valley boy was fatally wounded by deputy gunfire after he allegedly charged a law enforcement officer while armed with a sharp garden tool, the San Bernardino County Sheriff's Department reported over the weekend.

An attorney for the family said the teen was autistic and was having an episode, and the use of lethal force was not justified, especially since the sheriff's department allegedly knew of the child before the shooting occurred.

Ryan Gainer was shot late Saturday afternoon in the 13400 block of Iroquois Road after deputies responded to a 911 call about the boy who was assaulting his family and damaging the family home, according to the sheriff's department.

When the first deputy arrived at the Gainer residence just before 5 p.m., he was confronted by the teen who was armed with a five-foot-long garden tool that had a sharp-bladed end, the sheriff's department reported.

"Without provocation, Gainer raised the bladed end of the tool and ran toward the deputy," the law enforcement agency continued.

The lawman retreated but Gainer chased him before at least one deputy fired, according to the sheriff's department.

A deputy's body cam footage shows the teen running toward the deputy while holding a tool or stick as a law enforcement officer yells, "Hey! Get back! Get back you're gonna get shot!"

Deputies rendered medical aid to the wounded boy until paramedics arrived; he was transported by ambulance to a local hospital where he later died from his injuries, the sheriff's department said.

Ryan's sister, their parents, and a cousin were at the home at the time of the shooting, according to DeWitt Lacy, an attorney for the Gainer family. No other injuries were reported.

San Bernardino Sheriff Shannon Dicus issued a statement following the fatal incident.

"Our social safety net for those experiencing mental illness needs to be strengthened. Our deputies handle seemingly insurmountable calls daily. Most of these calls do not end in violence. However, this one ended in tragedy for Ryan, his family, and for the deputies who responded. Rapidly evolving, violent encounters are some of the most difficult, requiring split second decisions. While these decisions are lawful, they are awful in terms of our humanity. I feel for both Ryan's family and my deputies who will struggle with this for their entire lives," Dicus said.

Lacy released a statement that was published in The Guardian newspaper.

"There are great questions as to whether it was appropriate to use deadly force against a 15-year-old autistic kid who was having an episode,” Lacy said. "We need to see the video and the moment of the shooting … but it doesn’t seem like anyone was in imminent danger of death or great bodily injury."

In a phone call with Patch Monday, Lacy said the San Bernardino County Sheriff's Department knew of Ryan, his autism, and his occasional outbursts.

"They had been called to the home before," Lacy said, adding that he believes that on the day of the shooting, the family told 911 dispatch that Ryan was autistic.

"Use of lethal force was not warranted," said Lacy, who is a partner at Burris, Nisenbaum, Curry & Lacy.

As of early Monday afternoon, full body cam video had not been released by the sheriff's department.

The law enforcement agency has not immediately responded to specific questions from Patch.

According to Lacy, Ryan Gainer was a runner on the Apple Valley High School cross-country team; he wanted to be an engineer and was surrounded by a close-knit family.

"When he knew he was having an episode, he would go for a run," Lacy said. "He was a charming kid who came from a loving family. This is very painful for them."

Anyone with information about the case is asked to contact Detective Shawn Thurman or Sgt. Justin Giles at the Specialized Investigations Division within the San Bernardino County Sheriff's Department: 909-890-4904. Callers can remain anonymous and contact We-Tip at 800-78CRIME or www.wetip.com.