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The family of a Maysel, Clay County man killed in 2013 when State Police tried to execute a search warrant for drugs at his Clay County home has filed a wrongful death suit in federal court in Charleston.
Tammi Hicks claims her father, Richard Dale Kohler, died of gunshot wounds suffered when troopers fired into the unopened door of his mobile home.
Hicks, in the suit, claims the Operational Plan for executing the warrant "specifically noted that there were no weapons, dogs, surveillance, booby traps or violence known or suspected" at the residence.
Troopers said they announced their presence and waited a "reasonable time" before forcibly breaching the door at about 6 a.m on June 30, 2013.
The complaint says they spotted Kohler inside "presenting" a long rifle and responding with deadly force.
Hicks, however, said she secured possession of the door of the residence "which shows no evidence of the use of a ram and which further reveals numerous bullet holes."
The suit alleges the officers fired "without justification or provocation."
It claims officers acted "in a wanton or reckless manner," and Hicks is seeking compensatory and punitive damages for wrongful death, loss of property and loss of use of the property, annoyance, aggravation and inconvenience.
Hicks is represented by Charleston attorney Michael T. Clifford.
See STATE POLICE KILL CLAY MAN WITH RIFLE - Agents Serving Federal Warrant
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