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Man suing city of Grand Rapids, GRPD, officer, after accidental shooting

"I'm not even able to sleep straight anymore," said Daevionne Smith, "and their actions were reckless."

GRAND RAPIDS, Mich. — A Grand Rapids man is filing a lawsuit against the Grand Rapids Police Department, one of their officers, and the city for $7.5 million dollars, claiming reckless endangerment after an officer accidentally discharged his weapon on December 9th, 2021.

RELATED: GRPD officer on leave after unintentionally firing weapon; man nearly struck calls for accountability

Daevionne Smith is also claiming negligence, assault, and battery from the incident on December 9th. Police had been following a car being driven by Smith because it matched the description of a vehicle that had been stolen. 

Later in the evening, the vehicle stopped in front of Smith's father's home on the southeast side of Grand Rapids and Smith went inside. Police set up a perimeter around the building and waited for Smith to exit.

RELATED: 'Let them know it was me,' a GRPD officer can be heard saying in body cam footage after unintentionally firing his weapon

When he later emerged from the home, police moved in on foot and during the pursuit, GRPD officer Greg Bauer tripped on a sloped hill and allegedly discharged his firearm, striking the home. No one was injured.

Smith's vehicle had been falsely identified as stolen and police later revealed that he was not involved in any criminal activity and the vehicle was not stolen.

Bauer has since been charged with careless discharge of a firearm resulting in property damage, a misdemeanor. Smith and his attorney, John R. Beason III, said that Bauer should have been charged with something more serious, like reckless endangerment. 

"I'm not even able to sleep straight anymore," Smith said. "I take three different types of meds right now to try to cope. I'm waking up in my sleep, fidgeting and sweating, and you know, all these things that I'm going through. So it's like, yeah, I feel like they should pay the damages done."

"They put me in danger without using any proper protocols or procedures, and that's what make the actions negligent," Smith added. "If fail to do what you were trained to do, and what you went to school for, that's reckless. Because you have a big responsibility over people lives because of your authority, and all your small failures could have ultimately ended my life."

In a statement to 13 ON YOUR SIDE, Grand Rapids' City Attorney Anita Hitchock said quote:

"To date, the City has not been served with any lawsuit brought by Mr. Smith. If and when the City is served with such a suit, it will respond in accordance with the applicable court rules and within the confines of the relevant law."

"We need change," Smith said. "This happens to plenty of people more than me. I'm not the only victim, and I'm not the last victim."

John R. Beason III, said the lawsuit is in federal court, and will be served to the defendants next week and they'll have the chance to reply. 

Beason will then answer their reply, and the court will most likely set a trial or trial schedule.

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