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Wednesday, March 19, 2014

Tommy Brown, In Court Filing, Says Self-Defense Prompted Deadly Shooting Gainst Brandon Bradshaw.

Brown says self-defense prompted deadly act
Bradshaw 'negligent in failing to exercise ordinary care for (his)own safety,' EMS response says

Brandon Bradshaw was shot at the end of what police have characterized as a road-rage incident in which Bradshaw’s truck came close to striking Brown’s truck on the bypass.

In a court filing, Tommy Brown maintains he acted in self-defense when he fatally shot Brandon Bradshaw last year.
Brown, a former Warren County court security officer, said in a response filed Tuesday to a lawsuit in U.S. District Court by Bradshaw’s widow that Brown fired his weapon three times in reaction to Bradshaw drawing a handgun and pointing it at him in a Feb. 26, 2013, incident in the parking lot of Michelle’s Consignment on U.S. 31-W By-Pass.

Heidi Bradshaw’s civil suit claims her 27-year-old husband, who died from his wounds March 2, 2013, was killed without due process and Brown, who was off duty at the time of the incident, committed common law battery upon Bradshaw, a youth theater director and one-time Warren County constable.

A grand jury declined to charge Brown with a crime after meeting last year to consider evidence and testimony.
Bowling Green attorney Paul Lawless, representing Brown, argued in Tuesday’s response to Heidi Bradshaw’s suit that Brown was not the aggressor in the incident and acted in self-defense to Brandon Bradshaw first brandishing his weapon.
“I think our answer says it all. I think the grand jury has spoken, and we stand by what’s in our answer and what the grand jury’s already determined,” Lawless said.

Lawless denies wrongdoing on Brown’s part and seeks to have the case dismissed.

Brandon Bradshaw was shot at the end of what police have characterized as a road-rage incident in which Bradshaw’s truck came close to striking Brown’s truck on the bypass.
As the two trucks were still traveling, Brown asked Bradshaw whether he was still a constable. Bradshaw pulled into the Enterprise Rent-A-Car parking lot and ended up in Michelle’s parking lot behind Brown’s truck.
Brown, driving with his wife, then got out of his truck and approached Bradshaw’s truck.
“Bradshaw drew and raised his handgun over the top of the doorframe and pointed it in (Brown’s) direction resulting in this defendant firing his weapon three times in self-defense,” Lawless stated in the 13-page response.

After the shooting, Brown showed his badge to customers at Michelle’s and stood by Bradshaw’s truck until Bowling Green police officers arrived.
Heidi Bradshaw’s lawsuit also names Warren County Sheriff Jerry “Peanuts” Gaines, Warren County Sheriff’s Office Maj. Randy Hargis, BGPD Chief Doug Hawkins, BGPD Lt. Col. Kevin Wiles, the city of Bowling Green, former Kentucky State Police Post 3 Commander Bobby Murray, unknown agents from all three law enforcement bodies and Medical Center EMS as defendants.

Heidi Bradshaw, who is represented by Bowling Green attorney Gary Logsdon, claims a law enforcement officer at the scene reported Brandon Bradshaw was “10-7” – police code for deceased – before EMS personnel approached Bradshaw and found he still had a strong pulse, causing possibly life-saving medical treatment to be delayed by at least seven minutes.

She further argues law enforcement failed to preserve evidence that may have shed light on events surrounding the shooting and the incident occurred because the heads of each agency failed to properly train and supervise the officers below them.
“The response was what I expected it to be,” Logsdon said this morning. “We’ll see how it all shakes out. This is the first skirmish in a long war.”

Wesley Milliken, a Bowling Green attorney representing Gaines and Hargis, argued in a response filed Tuesday that the sheriff’s office acted in good faith in response to the incident, denying Heidi Bradshaw’s claims that the sheriff’s office acted with deliberate indifference.
Milliken also claims Brown was not acting in his capacity as a bailiff at the time of the incident.

Bowling Green attorney Aaron Smith responded on behalf of Medical Center EMS on Tuesday, arguing in his filing that Brandon Bradshaw was “negligent in failing to exercise ordinary care for (his) own safety.”
Smith acknowledges an unknown law enforcement officer mentioned at the scene that Bradshaw was “10-7” but denies the definition of that term laid out in the lawsuit, going on to state that EMS personnel made no determination at the scene that Bradshaw was dead.
KSP records of the investigation show Brown said he remained calm and did not lose his temper during the incident, though two witnesses told police he appeared “agitated” or “hostile.”

A witness also reported seeing Bradshaw pull a gun from somewhere in his truck and point it in Brown’s direction, according to KSP records.

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