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Lawsuit: Henderson police fatally shot mentally ill man within seconds

Updated August 11, 2023 - 7:50 pm

Two Henderson police officers fatally shot a man seconds after arriving on scene, according to a wrongful death lawsuit that alleged police should have known the man was schizophrenic.

On Feb. 29, 2020, family of 45-year-old Stephen Douris called police asking them to respond to the 800 block of Viento Del Montagna Avenue, near Gibson Road and the 215 Beltway.

Douris had schizophrenia since the 2000s, but the complaint said he was a productive member of society. When he forgot to take his medication, the family would request law enforcement or medical professionals take Douris into custody so he could get medical treatment.

Earlier in February, the family had called police for the same reason and an officer responded. After spending two hours with Douris, the officer took him to the hospital, according to the lawsuit filed in District Court this week.

But on Feb. 29, officers Travis Nusbaum and Donald Okami responded and, according to the complaint, in less than 10 seconds both had shot Douris. One officer fired a foam projectile which did not stop Douris who continued toward officers.

Henderson police confirmed that Okami and Nusbaum are still employed by the department and referred questions about the lawsuit to the city.

The city of Henderson, the Henderson Police Department, former Police Chief Thedrick Andres, Nusbaum and Okami were named as defendants in the case.

Henderson spokeswoman Madeleine Skains said in a statement that the District Court complaint was filed after federal constitutional claims were dismissed last month in federal court.

“Due to the newly pending litigation, we won’t be able to comment further,” she said.

A video briefing posted on YouTube by Henderson police did not tell the entire story of the shooting, the complaint alleged.

Douris’ family said police used misleading subtitles while playing the 911 audio that was included in the video. Subtitles included one caller saying that Douris, “killed my dad and my mom,” but the complaint alleged that was not what was said.

In the 911 audio uploaded by police, the same caller can also be heard saying, “He pushed my dad down, he pushed my mom against the garage and tried to choke her.”

Body-worn camera footage included in the video shows Douris walking toward officers while waving a kitchen knife in his hand, followed by both officers shooting him.

Henderson police typically releases information about police shootings in this format instead of to the media during a news conference where questions can be asked of the department.

Nusbaum was one of three officers who fatally shot a man in 2013 after the man opened fire on officers.

Douris’ attorneys alleged assault and battery, negligence, wrongful death and the infliction of emotional distress.

Contact David Wilson at dwilson@reviewjournal.com. Follow @davidwilson_RJ on Twitter.

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