A man who was wounded during an encounter with law enforcement in Henry has filed a federal lawsuit seeking at least $25 million in damages.
The lawsuit was filed by Timothy Howell against the Henry County Sheriff’s Office and others in connection with a June 2024 deputy-involved shooting.
According to the complaint, Howell alleges law enforcement officers violated his constitutional rights by using excessive force when they shot him while attempting to serve warrants. The suit names Henry County Sheriff’s deputies Ed Clark Jr. and Martinsville Police Officer Mark Peters as defendants. It alleges Howell suffered permanent injuries.
The complaint alleges officers approached Howell in unmarked vehicles while wearing plain clothes and did not identify themselves as law enforcement before the shooting. Howell alleges he was not armed when deputies fired. Although the lawsuit acknowledges firearms were present on the property, it alleges Howell had discarded a weapon before officers confronted him. The complaint also references forensic evidence that Howell argues is inconsistent with officers’ account of the shooting.
Sheriff Wayne Davis said in a statement last week that neither he nor the sheriff’s office has been served with legal documents related to the case.
“Because litigation may be pending, I cannot comment on the specifics of any potential lawsuit,” Davis said.
Davis said Howell was wanted in connection with the March 3, 2024, shooting of Shannon Bryant and that officers from the Henry County Sheriff’s Office, the U.S. Marshals Service and the Martinsville Police Department located him June 17, 2024, at a camper on Wright Road in Ridgeway.
According to Davis, Howell ran around the camper, emerged holding a pistol and pointed it at officers. Davis said deputies fired after perceiving an immediate deadly threat and then immediately began rendering medical aid after Howell was wounded.
Davis said he requested an independent investigation by Virginia State Police and that state police and a commonwealth’s attorney determined the officers’ actions were justified.
He also said Howell was later convicted of possession of a firearm by a convicted felon, along with offenses related to the shooting of Bryant.
“Civil lawsuits are a part of our legal system, and all parties have the right to pursue their claims through the courts,” Davis said. “We remain confident in the judicial system, and the professionalism and actions of the officers involved.”
