Family files lawsuit against Guadalupe County following shooting death of 77-year-old man

The shooting happened on August 27 of last year, and the family claims Kenneth Grimm was shot within 89 seconds of the deputy arriving on scene.

SEGUIN, Texas — A Seguin family says what began as a medical emergency turned into an avoidable tragedy when a Guadalupe County deputy shot and killed 77-year-old Kenneth Grimm. Now, they are filing a federal civil rights lawsuit demanding answers, accountability, and policy change.

The shooting happened on August 27 of last year, and the family claims Grimm was shot within 89 seconds of the deputy arriving on scene.

RELATED: Elderly man with Alzheimer’s shot dead in Seguin by Guadalupe County deputy

According to the lawsuit, Grimm’s family had called 911 because he was suffering from Alzheimer’s, Parkinson’s, and dementia, and had cut himself during what they described as a medical episode. The family says they informed responding deputy Gary Courtney that Grimm was confused, mentally impaired, and unable to leave the front of the house.

However, when Deputy Courtney walked to the back of the home, he encountered Grimm holding a frying pan. The deputy ordered him to drop it, and Grimm complied.

The Sheriff’s Office reports that Grimm then pulled out a kitchen knife. According to the lawsuit, Courtney drew his gun, ordered Grimm to drop the knife, and fired just seconds later – fatally wounding him.

Grimm’s family argues that the situation should never have escalated to gunfire.

“Why didn’t that officer have a taser? He could have used a taser,” said civil rights attorney Randall Kallinen, who is representing the family. “Why did he shoot to kill? He could have shot him in the leg.”

Grimm’s ex-wife, Rebecca Geinzer, said the moment changed the family forever.

“Get tasers. Train your officers so they look at the situation and figure out how to deal with it before shooting,” Geinzer said. “Look at how much pain and agony and grief one simple minute, 8 seconds caused.”

In March, Kallinen said a Guadalupe County grand jury declined to indict Deputy Courtney, meaning no criminal charges would be filed.

Along with the lawsuit, the family is urging the department to create a specialized mental health crisis response team to help deputies avoid similar tragedies in the future.

In a statement earlier this year, Guadalupe County Sheriff Joshua Ray, who was not in office at the time of the shooting, offered condolences to the family, saying “Sometimes deputies are faced with a decision that has no good solution and either choice can result in a tragic outcome.”

Sheriff Ray said he has ordered a full audit of department policies and procedures and has already met with vendors to purchase tasers and other non-lethal equipment. However, he also noted he is unsure whether a less-lethal option would have changed the outcome in Grimm’s case.

The Sheriff confirms Deputy Courtney had been placed on administrative leave following the shooting but returned to duty earlier this month.

KENS 5 has reached back out to the Sheriff’s Office for an updated statement regarding the new lawsuit and the family’s allegations.

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