Pocatello man paralyzed in officer-involved shooting files lawsuit

POCATELLO — A lawsuit has been filed by a Pocatello man who claims police used excessive force when they shot him five times, paralyzing him from the chest down.

Along with shooting then-28-year-old Jake Lee Sheeler, the officers involved misrepresented the facts of the incident to medical care providers at Portneuf Medical Center, the lawsuit alleges. Officers also “fabricate(d) justification” during an investigation, the lawsuit filed on July 22 further claims.

“Jake is permanently injured as a result of the actions of (the) defendants,” the lawsuit states. “Jake will never walk again, may never be well enough to work, and will require assistive care for the duration of his lifetime.”

The city of Pocatello, Police Chief Roger Schei and officers Bridget McArthur, Jeffrey Eldridge and Marisa Saldana are named as defendants in the lawsuit.

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Officers from the Pocatello Police Department and Idaho State Police were searching for Sheeler, the suspect in an armed burglary, on Sept. 25, 2020. The burglary occurred on the 200 block of Hyde Avenue around 4:15 p.m.

At 8:24 p.m., Sheeler was seen walking through a field near the Red Lion Hotel on Pocatello Creek Road. Several officers, including McArthur, Eldridge and Saldana, approached him from different angles.

As they were canvassing the area, the lawsuit alleges, officers were told by several witnesses who had interacted with Sheeler that he was unarmed. One of those witnesses told officers that Sheeler had asked them for a ride, and during their interaction, he claimed to have misplaced his gun.

“As of 8:27 p.m., PPD officers knew or should have known the suspect was no longer in possession of a gun,” the lawsuit claims.

As Sheeler emerged from a tree line in the field, officers shone flashlights on him.

The lawsuit alleges that numerous officers began giving him conflicting instructions, each with guns drawn. While one officer was commanding him to stop moving, another told him to show them his hands and another told him to get on the ground.

Those commands came simultaneously, the lawsuit claims.

Finally, one of the officers told Sheeler to back up toward them.

“Walking backward, Jake took approximately seven steps continuing in his eastward direction,” the lawsuit says. “These backward steps were Jake’s final steps.”

The lawsuit claims that in examining body cam footage, Sheeler can be seen with his hands raised above his head attempting to follow the instruction. It also claims that none of the officers ever identified themselves as police or told Sheeler that he was under arrest.

“Jake was not resisting the officers,” the lawsuit says. “Jake was not fleeing the officers. At this time, Jake was not committing a serious crime or posing a threat to anybody. … Though Jake was walking, he did not make any sudden, threatening, harrowing or aggressive movements.”

McArthur, the lawsuit claims, fired the first of 15 shots.

She fired five shots in three seconds, Eldridge fired nine shots and Saldana fired one, the lawsuit says. Of those 15 shots, five hit Sheeler — in the neck, thigh, below the left armpit and twice in the back.

“As Jake was struck repeatedly, his body spun. Jake collapsed to the ground,” the lawsuit says describing the body cam video. “Jake indicated to defendants McArthur and Eldridge that he believed he was dying. Jake said, ‘I’m going right now.'”

More than a minute elapsed, it adds, before officers began providing Sheeler with first aid.

Sheeler was eventually transported to Portneuf Medical Center, where he began what became more than four months of in-patient treatment between three separate facilities.

When Sheeler arrived at the hospital, the lawsuit alleges that officers provided medical staff with a “misrepresentation” of the incident, saying Sheeler was shot while threatening officers with a gun.

The East Idaho Critical Incident Task Force was brought in to investigate the incident.

Before they were asked to provide a statement to the task force, the lawsuit claims, McArthur, Eldridge and Saldana were allowed to discuss the incident with Schei present.

The lawsuit alleges that 16 separate allegations made by the defendants — during the investigation and in subsequent public statements — are refuted by body cam footage, police reports filed by other officers involved and reports from Portneuf Medical Center staff.

Sheeler “got into a shooting stance, pointing his hands towards the officers” was one such statement, as was the claim that Sheeler tried to punch Eldridge and shoot McArthur. The lawsuit also claims that statements provided by the defendants claimed Sheeler was non-compliant and was attempting to run before the shooting.

Finally, during a news conference regarding the incident, Schei said that Sheeler was not shot in the back as had been reported.

The police reports have since been sealed by order of the court. One document that is still viewable is a probable cause affidavit requesting a warrant for Sheeler’s medical records. That affidavit was filed by a Bannock County Sheriff’s deputy.

In the affidavit, the deputy says that officers involved in the search used surveillance footage from the theft, where two guns were stolen, to identify Sheeler as the thief. Police received reports that a man matching Sheeler’s description had tried to sell a revolver to a stranger at 7:38 p.m., the affidavit adds.

The affidavit also cites preliminary police reports in stating that Sheeler had been shot four times — not five — during the incident: once in the leg, once in the neck and twice in the chest — not the back.

During a news conference, Schei also said that officers were still investigating whether Sheeler was armed at the time of the shooting, while the lawsuit claims officers searched him thoroughly before providing medical care.

“Only 33 seconds elapsed in the time Jake was (contacted) until the moment the officers fired their guns,” the lawsuit says. “Jake began lowering himself but was not allowed to complete the action.”

EastIdahoNews.com requested a statement from the city regarding the pending lawsuit. However, city spokeswoman Marlise Irby said, “The City of Pocatello does not comment on pending litigation.”

According to the lawsuit, Sheeler’s medical care has accrued about $1,316,240 to date.

Along with the reimbursement of those costs, the lawsuit requests another $12 million.

Sheeler eventually reached a plea agreement that saw him plead guilty to felony charges of aggravated assault, burglary and possession of a firearm by a convicted felon. Four other felonies and a persistent violator enhancement were dismissed as part of the agreement.

He was sentenced to seven years probation, with a prison term of five to 10 years suspended, and $1,756.50 in fees and fines.