CHARLESTON – The daughter and widow of a mentally ill man are suing the West Virginia State Police for excessive use of force that allegedly caused his death.

Donna M. Spry, as an individual and as administrator of the estate of Curly E. Spry, and Britney Spry filed a lawsuit Jan. 29 in Kanawha Circuit Court against the State of West Virginia, the West Virginia Department of Public Safety/West Virginia State Police, Col. C.R. “Jay” Smithers as superintendent, Sgt. Trooper R.L. Frye, Trooper Silas A. Belt and Trooper John Doe 1.

According to the complaint, Curly Spry was on medication for depression and panic attacks, but refused on Jan. 29, 2014, to keep a doctor’s appointment. When Donna Spry called 911 for an ambulance to take him, the suit says police officers were sent instead. The plaintiff claims once the defendants entered the home, they shot Curly Spry multiple times while he lay covered up in bed, ending his life without cause.

The plaintiffs seek punitive and compensatory damages in an amount to be determined at trial. Judge Tod J. Kaufman has been assigned to the case.

Kanawha Circuit Court case number 16-C-106

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