Southpinellas: Dead boy's parents sue sheriff, deputy

South Pinellas

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Dead boy's parents sue sheriff, deputy

A family disputes the findings in the case of a 15-year-old who had a pellet gun at school.

SANFORD - The parents of a 15-year-old boy fatally shot by a Seminole County sheriff's lieutenant after wielding a pellet gun at school have sued the officer and his boss.

Ralph and Donna Penley filed the lawsuit Jan. 11, two days before the second anniversary of Christopher Penley's death. They argue that Lt. Mike Weippert and Sheriff Don Eslinger violated the boy's civil rights and wrongfully caused his death. They are seeking unspecified damages.

Sheriff's Lt. Dennis Lemma said the department's attorneys were unavailable to comment on the lawsuit Monday because of the Martin Luther King holiday but noted that investigations of the incident "completely cleared (Weippert) of any wrongdoing."

According to investigations of the 2006 shooting, Christopher showed the pellet gun to another student in a classroom and pointed it into another student's back before barricading himself in a bathroom alcove. The barrel of the gun, normally red or orange, was painted black and resembled a real 9mm handgun. Weippert, a member of the SWAT team, shot the boy with an assault rifle after feeling threatened when he said Penley aimed the pellet gun at him.

However, a hostage negotiator not far from Weippert said he did not feel threatened, and Weippert pulled the trigger without consulting with other officers on the scene who were working on a plan to apprehend Christopher, according to findings of the Florida Department of Law Enforcement and Sheriff's Office. Still, the State Attorney's Office and Sheriff's Office concluded that Weippert acted appropriately.

The Penleys' lawsuit also alleges that when Weippert pulled the trigger, Christopher was confined to a bathroom, had no way to escape, had no hostages and had hurt no one.

Weippert, a 20-year veteran, remains working at the Sheriff's Office as a district commander.

[Last modified January 21, 2008, 22:42:10]

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by Kevin	01/22/08 03:22 PM
The Deputy simply reacted to the boys actions. The Deputy did not create the situation, the boy did. It is tragic,but the officer has NO duty or ability to retreat. When a SWAT cop on position has a kid poke out w/a gun, he has to do his job.

by Hoshi	01/22/08 03:09 PM
Another idiotic lawsuit to tie up our already overload dockets, does anyone take responsibility for their childrens actions anymore? Civil rights my butt, he did wrong and suffered fatal consequences.

by Pops	01/22/08 01:00 PM
The deputies "violated the boy's civil rights..."??? Hmmm... he had a civil right to take a pellet gun to school? I guess I need to go back and re-read the bill of rights... I must have missed that one.

by Jen	01/22/08 11:44 AM
The kid brought a gun to school and pointed it at another kid's back... then goes on to behave erratically and barricade himself in the bathroom? Another case of a family not willing to take responsibility for their son's own actions.

by Brian	01/22/08 11:18 AM
Bottom Line, don't point a gun that looks real at a police officer. Teens shoot police officers all the time and this deputy didn't have time to try and figure out the motives of the child. The child is responsible for his own actions in this case.

by Gilbert	01/22/08 11:18 AM
June '06, 14y/o boy shoots 12y/o boy in eye with pellet gun (resembles a 9mm). The pellet travels through the eye strikes the brain causing massive damage, result 12y/o irreversibly comatose. Eery parallel, unfortuanely this young man (Chris) died.

by Gilbert	01/22/08 11:08 AM
Lets see, we have an altered toy pistol, another kid (victim) positively states he was in fear, barricades himself in a bathroom, 15y/o, while this IS a tragedy, it is one that could've been avoided had the child not placed himself in this type peril

by TOM	01/22/08 10:30 AM
Another rich lawyer.

by Kay	01/22/08 09:42 AM
I agree with Roger. Kids do unwise things and the situation was under control. Should have waited it out.

by tranottoc	01/22/08 08:50 AM
Again and again, over and over ; the House of characters of questionable conduct investigate themselves. The people must enact an independent unbiased intelligent investigative agency to view misconduct at ALL levels of government .

by alan	01/22/08 07:53 AM
my son brought a gun to school painted the safty off it pointed it at a cop and lost his life ,, im suing,,,losers the parents of this boy are losers of everything ,,get a job ,,and try not to shoot yourselves after the loss, losers,,,

by Mark	01/22/08 06:33 AM
Sad, but a 15 yr old should know better than to brandish a weapon, toy or otherwise. Guns aren't toys. Perhaps toy guns should be outlawed along w/the violent video games.

by Craig	01/22/08 06:24 AM
Moral of the story: Don't bring a gun--ANY gun--to school.

by ROGER	01/22/08 02:56 AM
MY EXPERIENCE TELLS ME IT WAS A "BAD SHOOT".WITHOUT HOSTAGES,OR INJURIES,THE DEPUTY HAD ALL THE TIME IN THE WORLD TO WAIT OUT THE SUSPECT.THE END RESULT WOULD HAVE BEEN AN ARREST AND NOT A CORONER.POORLY TRAINED DEPUTIES IS THE NORM IN FLORIDA.