RICHMOND, Va. (WRIC) — The family of 34-year-old Charles Byers — who was shot and killed by police after being released from the hospital during a mental health crisis earlier this year — is now suing the City of Richmond and HCA’s Chippenham Hospital for $35 million.
The complaint — filed by Byers’ parents, Michael and Margaret, on Wednesday, Nov. 22 — alleges that following his arrival at the hospital, Byers “found himself a falsely criminalized victim of conscious-shocking callousness, ineptitude, and outright intentional wrongdoing perpetrated by HCA-Chippenham and the [Richmond Police Department].”
On the afternoon of Saturday, July 8, 2023, Byers was seen trying to break into houses on the 1200 block of Wycliff Court in the Midlothian area of Chesterfield County, according to police.
When officers arrived, they reportedly found Byers wielding a hatchet. Police said Byers had stolen the hatchet from a garage he had broken into in the neighborhood. Authorities said the officers instructed Byers to stop multiple times, but he ignored their commands.
According to police, one officer attempted to use a stun gun on Byers, “but it had no effect,” another officer then shot Byers, who was pronounced dead at the scene.
Court documents further explain that Byers had been diagnosed with schizoaffective disorder which caused delusions, hallucinations and paranoia.
“Despite outpatient treatment, which allowed Charlie to go for long periods of time with little to no apparent symptoms and leading a normal life, the severity of Charlie’s mental health conditions caused him to be hospitalized at various times between 2008 to 2023,” the complaint reads.
Around 4 p.m. on July 5, Byers’ condition had worsened and he was brought to Chippenham Hospital by his mother for mental health treatment at Tucker Pavilion.
According to the complaint, Byers was supposed to have been left with a sitter but was instead left unattended for several hours. He began wandering the halls when he was met by a police officer who locked him in a room in Tucker Pavilion as part of an emergency custody order (ECO).
Around 8:30 p.m. that same day, the officer contacted the Richmond Behavioral Health Authority to request an evaluation of Byers for a temporary detention order (TDO).
Following an evaluation, Byers was placed under a TDO shortly before 3 a.m. on July 6.
Around 5:30 p.m. on July 6, hospital staff attempted to move Byers from the third floor to the second floor. However, Byers’ condition made him fearful of using the elevator.
According to the complaint, a police officer was joined by hospital staff in allegedly resorting to force in attempting to place Byers in handcuffs. After pointing a stun gun at Byers, the officer reportedly said, “do you want to go to jail, or do you want to go to the second floor?”
“At this point, we just want you to take him away,” a nurse reportedly said before Byers could answer.
The lawsuit alleges the officer and hospital staff allegedly fabricated an assault charge against Byers — by falsely claiming he kicked one of the nurses — in order for him to be taken into custody.
“At the very most, Charlie could have accidentally struck someone with his leg while [the officer and staff] were attempting to unlawfully restrain, handcuff and arrest Charlie,” reads the complaint.
The officer reportedly asked the nurse to provide him with Byers’ discharge papers — which the complaint alleges could not be legally granted given Byers’ TDO.
The discharge form the nurse provided included a scribbled signature and “DC/HOME” written on the form. The lawsuit alleges this falsely indicated Byers had been lawfully discharged to his home.
“It is obvious that their actions were customary and symptomatic of the [ill-conceived] and broken partnership between HCA-Chippenham and the RPD,” the complaint reads.
Byers was then taken to Richmond City Jail, where the officer allegedly failed to inform the magistrate that Byers was under a TDO and had been hospitalized for severe mental illness, according to the lawsuit. As a result, Byers was reportedly released by the magistrate on his own recognizance without receiving mental health treatment.
During the evening hours of July 6, Byers reportedly attempted to walk from the Richmond City Jail to his home — approximately 14 miles away. According to the complaint, Byers was unable to find his home as a result of his mental state and wandered around adjoining neighborhoods searching for his home for approximately 36 hours.
At one point, Byers reportedly attempted to enter a house that was not his and was asked by the homeowner, “what are you doing?”
“My parents live here,” Byeres reportedly responded. “This is my house.”
Officers with the Chesterfield County Police Department were then called to the area where Byers would be found wielding a hatchet and would ultimately be shot six times, just a few blocks away from his home.
“Charlie’s death was foreseeable and totally avoidable,” the complaint from Byers’ family reads. “The broken, ill-conceived, and [mismanaged] partnership between HCA-Chippenham and the RPD must be fixed or completely dissolved to avoid such a tragedy in the future.”
8News has reached out to the City of Richmond and HCA Healthcare for comment but — possibly given the holiday — has not yet received a response.
