Family of Charles Byers looks to add Chesterfield County to $35 million lawsuit

CHESTERFIELD COUNTY, Va. (WRIC) — The family of Charles Byers said it is taking additional legal action in response to his death.

Charles Byers, a mentally ill man, was shot and killed on July 8th, 2023, while holding a hatchet and backing away from Chesterfield County Police officers – after they responded to a breaking and entering call.

Now, the family is seeking to add Chesterfield County and Chesterfield Police Officer Gordon Painter as defendants in the $35 million lawsuit.

The family of Charles Byers previously filed a lawsuit against the City of Richmond and HCA’s Chippenham Hospital, saying their alleged neglect led to Byers’ confrontation with police.

The new federal court filing alleges Chesterfield County violated Byers’ fourth and fourteenth amendment rights to be free from excessive force.

“The City of Richmond and HCA Chippenham blame Chesterfield. Chesterfield blames the City of Richmond and HCA Chippenham,” said Byers family attorney Paul Curley. “I thought it was important to bring all the parties involved in this matter into the same case.”

The filing also states Chesterfield County, “had knowledge that Officer Painter had a propensity to use excessive force too quickly against citizens, did nothing to prevent harm to citizens at the hands (or gun) of officer painter; and attempted to cover up his unlawful actions as representing the policy and procedures of the County of Chesterfield – sending a clear message to painter and the other CCPD officers to shoot first and the County of Chesterfield will cover it up.”

Chesterfield Police posted a statement on its Facebook page in response to the suit saying it “stands by the actions taken by its officers” on the day of Byers’ death.

“We understand from media reports that the Byers family is now seeking to add the county and its officer to the already pending litigation,” reads the statement in part. “As such, this will be the police department’s last statement on this matter.”

Curley said the department is gaslighting in its response and is telling the public not to believe what they saw in the video of the shooting.

“All I ask is for someone to watch the video,” Curley said. “View the video objectively. Don’t allow politics or anything else to influence what happened here.”

Curley said it will be up to a judge to grant or deny the motion.

This is a developing story , stay with 8News for updates.

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