JACKSONVILLE, Fla. — On the heels of a lawsuit filed against a Jacksonville sheriff's officer and the city of Jacksonville, the parents and attorneys for the family of a man fatally shot by the officer, spoke out in a press conference Tuesday morning, as they are seeking accountability, responsibility and monetary compensation.
Kevin Mahan, 43, was shot and killed by Officer Richard C. Samples, who was not identified at the time, on April 21, 2022. Police responded to reports of a mentally ill person who was vandalizing homes.
When officers arrived at the location - a wooded area on Jacksonville's Westside - they found Mahan wielding what the Jacksonville Sheriff's Office described as a "hatchet."
Samples could be heard in bodycam footage telling Mahan to put down the ax four times. At the time, First Coast News Crime & Safety Expert Kim Varner said because Mahan was mentally ill, officers should have attempted to talk him down.
"'Drop the ax' ain't talking to him," Varner said.
In the civil rights and wrongful death lawsuit, Mahan's mother Kathy Mahan says she told officers that her son had a substance abuse disorder and mental health problems. She says he was causing a "minor disturbance" on property that was owned by her family. The lawsuit says Mahan's husband, neighbor and nephew also all told officers this.
The lawsuit further states that Mahan was by himself with the hatchet, and "often chopped wood on the property...when he was having a substance abuse or mental health issue." It also says that Mahan never threatened the officer.
During the altercation, Samples shot Mahan in the head. His family says it was within eleven seconds of first confronting and yelling at him.
The lawsuit says using deadly force against Mahan was negligent and not reasonable.
In the press conference, Andy Hale, an attorney who is representing Kevin's family, said the handling of this case was "egregious."
"It's like you gave a guy a gun Day One and you threw him out there," Hale said during the press conference.
Kathy and her husband Lee Mahan read the following statement during the press conference:
"We are Kathy and Lee Mahan, the parents of Kevin Mahan.
On April 21, 2022, our son, Kevin needed help. He was experiencing a mental health crisis.
Kevin was standing alone in a wooded area on our family property. We witnessed Officer Samples aggressively rush towards our son with his weapon drawn.
We stood in stunned disbelief as we watched, with crushing devastation, the violent death of our beloved son. The impact of this grievous act has left our family’s hearts inconsolably shattered.
It only took 20 seconds from the first moment Officer Samples laid eyes on our son to make the irreversible decision to end his life.
We trusted that a mental health crisis would be handled with humanity and compassion instead of the callous inhumane violence that we were forced to witness.
On April 21, 2022, our son, Kevin, needed help. And now he is gone. This is a wound that will never heal.
Because of Officer’s Samples impulsive, reckless decision to take the life of our son, our family will never be whole again. We will never again, in this life, get to feel Kevin’s kind, gentle, sweet spirit.
Some of the unfairness in this life will be made right and some won’t. But we believe that all things will be made right through Christ."
Kathy and Lee said they were about 65 to 70 feet away from their son but couldn't see him, only the officer when he fired the fatal shot. They also said that they tried to Baker Act Kevin a couple of times, but were told that he didn't qualify.
Hale further stated that Samples didn't approach Mahan in a calm, professional, non-threatening manner, did not identify himself nor Mahan, and didn't warn him of the consequences if he didn't put the ax down. He also said there was additional bodycam footage that revealed another officer saying to Samples after the shooting took place: 'What happened, what did he do?' Hale said Samples' response was: "He wouldn't put it down."
"There was no attempt, none, none, to de-escalate," Hale said. "What Samples did was just unspeakable."
Jason Marx, another attorney representing Mahan's family, said the City of Jacksonville's Risk Management division wasn't willing to resolve the case without litigation, as the legal team has not yet decided to file a lawsuit against any other party involved or possibly involved in the incident.
When First Coast News asked if Samples still works with JSO or not, Marx responded saying, "To the best of our knowledge, he is."
However, JSO told First Coast News before the press conference started, the following:
"Due to possible pending litigation, we are unable to comment on this incident."
The COJ also said they could not comment and deferred to JSO about Samples' employment status.