Estate of David 'Bones' Hebert Files Wrongful Death Suit

The estate of David “Bones” Hebert filed a lawsuit on Tuesday against Cincinnati Police Sgt. Andrew Mitchell alleging wrongful death and battery in the April 18, 2011, shooting death of the 40-year-old musician. The plaintiff in the case is listed as Paul Carmack, administrator of the estate of David Hebert. The lawsuit claims that Hebert was complying with instructions given by an investigating officer when he was shot and killed by Mitchell. The suit claims excessive force was used and that Mitchell “acted intentionally, recklessly, wantonly, and with deliberate indifference to the constitutional rights of Mr. Hebert.” Hebert was shot and killed by Mitchell after officers responded to a 911 call around 3 a.m. during which an intoxicated man alleged to have been robbed by Hebert and assaulted with a pirate sword. Hebert was located sitting on a sidewalk on Chase Avenue in Northside about 10 minutes later. During subsequent questioning, officers say Hebert drew a knife and moved toward an investigating officer, causing Mitchell to believe the officer’s life was in danger. Mitchell shot Hebert twice, killing him. Toxicology reports found Hebert to have a blood alcohol content of 0.33 at the time of his death, along with marijuana and psychedelic mushrooms in his system. Three investigations cleared police of any wrongdoing, but Friends of Bones says the facts from the investigations show Hebert complied with police orders during the encounter. The lawsuit demands a trial by jury and compensatory and punitive damages, along with attorney’s fees, costs, disbursements and additional relief as the court deems proper. The suit, which is embedded below, was published on the “Friends of Bones” website (www.friendsofbones.org). The incident has drawn considerable media attention, especially this week in conjunction with the anniversary of the shooting. The Cincinnati Enquirer on Monday published a story titled “Reports: Cops came too close in killing of David 'Bones' Hebert” comparing accounts of the incident in public records to standard Cincinnati Police Department guidelines, which concluded that “police officers got dangerously close and failed to have a plan before approaching Hebert, who police thought was carrying a sword or large knife.” Cincinnati Magazine’s May issue will feature a story, “Salvaging Bones,” which is subtitled: “David Hebert was a lot of things: the dreadlocked maker of burritos; a punk rocker; a womanizing, tatted-up former Jesus freak with a kind heart and a wild streak. What he wasn’t was a guy you’d expect to find dead at the end of a police standoff.” CityBeat on Sept. 14, 2011 published a story titled “Digging Up Answers for Bones” in which friends and family of Hebert alleged that Hamilton County Prosecutor Joe Deters’ closing of the investigation was politically motivated. CityBeat on May 4, 2011 published a story titled “A Shot in the Dark,” detailing the early questions that surrounded the incident.