JACKSONVILLE, Fla. – Nearly two years after their son, who was wielding an ax, was shot and killed by a Jacksonville police officer, the parents of Kevin Mahan are filing a wrongful death and civil rights violation lawsuit against the officer involved and the city of Jacksonville.
Body-worn camera footage of the April 21, 2022, shooting shows Officer Richard Samples III, gun drawn, repeatedly yelling for Mahan to drop the ax. The video shows Mahan standing with the ax next to his head when Samples fires one shot, striking and killing Mahan.
LINK: (Discretion advised) Body cam footage shows man armed with hatchet shot by officer | WATCH: Jacksonville Sheriff Board Review of Officer Involved Shooting of Kevin Mahan
Mahan’s parents, Kathy and Lee Mahan, said their son was experiencing a mental health crisis during the encounter and they believe Samples used excessive force.
“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,” the Mahans said in a statement released by their attorneys. “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.”
Police were called to the Mahans’ home on Morse Avenue just before 4 a.m. in regards to “a mentally ill individual” who had cut power to a neighbor’s home. Officers couldn’t find Kevin at first and came back around 11:30 a.m. after another call from neighbors, saying he was vandalizing homes.
Kathy and Lee Mahan said Kevin, 43, was standing alone in a wooded area of their family’s property when officers found him and that Samples “aggressively rushed toward” him 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,” the Mahans wrote.
According to the 12-page complaint filed by the Mahans, Samples violated the constitution, Jacksonville Sheriff’s Office policies and his own training because he “improperly and unnecessarily escalated a non-emergency situation involving an individual who he knew was likely having a mental health episode.”
Andy Hale, the family’s attorney, said the JSO review board and the State Attorney’s Office is wrong for standing by what the officer did.
“Well they’re wrong,” Hale said. “Here in a civil suit, it’s preponderance of the evidence, it’s more likely true than not. And it’s a jury of your peers. It’s a jury of Kevin and his family’s peers, they will decide whether excessive force was used.”
READ: Lawsuit filed by Kevin Mahan’s family against JSO officer, city of Jacksonville
The State Attorney’s Office reviewed the shooting and found it was justified under Florida law. JSO’s “Response to Resistance” board also concluded that Samples didn’t violate department policy and did not find the need for any additional training.
The lawsuit claims Kevin never threatened the officer with the hatchet, that Samples never identified himself as a police officer and that the officer made no effort to de-escalate the situation.
“There was such an incredible lack of de-escalation,” Hale said. “Kevin is trying to talk, you can hear it. ‘Listen, bro’. Even when he raises his hand. Is he going to throw an axe at that distance and kill you? Please.”
According to the State Attorney’s Office, Samples was a knife throwing world champion in 2014 and 2018 and said he is uniquely familiar with the dangers posed by a thrown axe.
News4JAX Crime and Safety Analyst showed the recommended training distance between police and a potential suspect.
“This was about 20 something feet, maybe 24-25 feet,” Hackney said.
He added that officers can create more space between them and a suspect if they don’t know what that person has.
“When you have an axe raised at that officer, although he could possibly retreat, he really doesn’t have that duty to retreat. He’s got that duty to protect himself,” Hackney said.
Mahan’s family said because of Sample’s actions, their family will never be whole again.
The Jacksonville Sheriff’s Office responded to our request for comment with this statement: “Due to pending litigation, we are unable to comment on this incident.”
News4JAX is also reaching out to the city for a response.