Family's 'ordeal' prompts lawsuit
Keith Cousins | Hagadone News Network | UPDATED 11 years AGO
A Kootenai County family's plan to attend a Bible study group last June took an unexpected turn, and now their account of that evening's events is the focus of a lawsuit filed against a Spokane car dealership.
The complaint filed by the Bryntesen family's attorney Monday in First District court alleges that on June 19, a Kootenai County Sheriff's Office vehicle pulled up beside a 2011 BMW 328 sedan driven by Casey Bryntesen as the man pulled into the driveway of a Kootenai County residence. The deputy allegedly immediately exited his vehicle and drew his gun on Casey.
A second officer also exited his vehicle and allegedly drew an assault rifle, pointing it at the vehicle which had been reported stolen several days earlier by Camp BMW in Spokane, and was located through a tracking system installed in the sedan.
The suit alleges that as additional officers arrived, exited their vehicles and pointed weapons at the sedan, Casey and Sheree Bryntesen and their two children sat inside the car with their hands raised.
Casey allegedly tried to explain to the officers that he and his family were not car thieves, that the vehicle was borrowed from the auto dealership while their BMW X3 was being repaired. The "screaming and extremely agitated" officers' only response, states the complaint, was to yell "shut up" and bring their weapons closer to Casey's face. The court document says that at gunpoint, Casey was ordered to his knees on the asphalt, his hands were cuffed behind his back, and he was frisked in full view of his wife, children and the residents gathered at the home for the Bible study he and his family were supposed to attend.
According to the lawsuit, officers then ordered Casey's 11-year-old son out of the vehicle, and while Casey sat restrained in the back seat of the patrol vehicle, he watched as "another deputy pointed an assault rifle at his son, peered through his scope, and held his finger on the trigger." Officers' guns were also allegedly trained on Bryntesen's 9-year-old daughter when she exited the vehicle.
Casey's wife Sheree was allegedly handcuffed and placed in another police vehicle.
"All of the Bryntesens wept throughout the ordeal," states the complaint.
The Bryntesen's "ordeal" began on May 16, when they brought their BMW X3 into the Spokane dealership for repairs. According to court documents, the repairs required parts from Germany, and as such it would be a significant amount of time before the repairs were completed.
An employee at Camp BMW provided the Bryntesens with the BMW sedan from the dealership's inventory since they were "short on rentals and other loaner vehicles."
Casey signed a borrowed-vehicle agreement with Camp, which authorized him to take possession of the car while their own was being repaired. The dealership was aware the family lived and worked in Kootenai County, and for a month the Bryntesens used the loaner car without incident.
On approximately June 17, a Camp employee who, according to court documents, failed to "account for the absence of the replacement vehicle on the dealership lot" contacted BMW of America and requested the tracking system be activated in the car so it could be located.
Policy dictated that the dealership first report the vehicle stolen with police and after the employee did so, the tracking system was activated and located the vehicle in Kootenai County.
The suit alleges that after an "extended period of intermittent questioning" and attempts by officers to contact Camp to verify that the vehicle was not in fact stolen, officers received verification that Casey was named in the borrowed vehicle agreement. The vehicle was impounded by law enforcement and the Bryntesens were allegedly "left stranded without their own vehicle at their friends' home."
As a result of this "ordeal," the family is suing both Camp Automotive and Lithia Motors for $2 million in damages.
Dylan Jackson, a Seattle-based attorney who is representing Camp Automotive and Lithia Motors in the civil suit, said Thursday that the incident was the result of "an unfortunate clerical error" but added that "they (his clients) didn't point the guns at the Bryntesens."
"They are sorry that it happened and they were apologetic from day one," Jackson said. "But that wasn't good enough for them (the Bryntesens) so here we are."
The Kootenai Sheriff's Office did not respond to multiple requests for comment on the incident.