Lawsuit filed after sheriff’s deputy kills man in rural Nevada

The family of a 60-year-old man who was killed by a Pershing County sheriff’s deputy after seeking help to jump-start his RV has filed a wrongful death lawsuit.

Jackie Ray Harry, 60, died June 17 outside Lovelock when Deputy Phillip Dickerman shot him with an AR-15 after a police pursuit.

The complaint, filed last week in federal court in Reno, accuses Dickerman of lying about the events of the shooting and violating Harry’s constitutional rights by unjustly asking for identification and conducting a background check.

“Harry’s death was the result of overreaction, gross mishandling of a situation, due to lack training, lack of tactical planning, and intentional excessive use of deadly force,” the document states.

The lawsuit was filed on behalf of Harry’s daughter, Jessica Sueann Gutierrez Osborne. It names Dickerman, Pershing County Sheriff Jerry Allen and Pershing County as defendants. Allen declined to comment on the lawsuit Tuesday, citing pending litigation.

According to the complaint, filed by Las Vegas attorney Peter Goldstein, statements made by law enforcement were inconsistent with body camera footage.

At about 9:30 a.m. on June 17, the battery of Harry’s Winnebago RV died about 12 miles west of Lovelock, according to court documents, and he called the sheriff’s office for help.

When Dickerman arrived, he used jumper cables and his police car to start the dead battery.

The complaint states that after the ignition started, Dickerman said, “You got an ID on you there, bud?”

Harry gave Dickerman a California identification card, and the deputy ran a background check and discovered that Harry had an outstanding warrant from Albuquerque, New Mexico, for a nonviolent offense.

“By running a warrant check or criminal index search, Dickerman engaged in unlawful, intrusive conduct that constituted an abuse of power,” according to the complaint.

A Pershing County legal review of the shooting called the background check a regular practice.

When Dickerman prepared to apply handcuffs, Harry said, “Come on, sir,” before running away, the document states.

Dickerman shot Harry with a Taser, but Harry continued to run away. Dickerman caught up to Harry with his police car and found him holding a tree branch.

“Get on the (expletive) ground or I will shoot you,” he said, pointing a firearm, court records show.

While holding a tree branch, Harry repeatedly said, “Shoot me.”

Harry continued to flee, this time in his RV. A county report said Harry “intentionally rammed PCSO Sheriff Jerry Allen’s police car and managed to flee the scene.”

At some point, the RV was disabled. Pershing County Deputy Shawn Thornhill, who arrived at the scene, yelled, “He’s got a knife to his throat,” according to the court documents.

“Harry’s prior behavior had indicated that he was experiencing severe psychological stress and distress,” the complaint states. “He was clearly shocked to be informed that he was being placed under arrest on an out-of-state warrant, after providing his identification to a police officer whom Harry had himself summoned, simply to help with his vehicle’s battery.”

At some point, an officer broke the window to Harry’s vehicle, and a K-9 dog named Vino jumped onto the door to bite Harry. Harry stabbed the dog in self-defense and remained in the RV, the complaint states.

Dickerman then deactivated the safety on the AR-15 and said, “I’m gonna shoot you,” according to the document.

“Dickerman’s statement did not constitute a warning that Harry would be shot if he did not comply with a command,” the complaint states. “Instead, Dickerman’s statement was merely a declaration of his intent.”

A county report said Dickerman feared for his life and that Harry had “outstretched his hand with the knife” and made “a movement of coming out.”

Dickerman fired three shots.

Contact Briana Erickson at berickson@reviewjournal.com or 702-387-5244. Follow @ByBrianaE on Twitter.