HAMPTON, Va. — A man shot by Hampton police in January 2022 has filed a federal lawsuit against the city and the officer who shot him.
On Jan. 4, 2022, employees at Wynne Ford called to report that Christopher Clayton Rice, 32, was walking back and forth in front of the dealership holding a baseball bat, according to Rice's attorneys.
"Those employees told law enforcement that Rice had not been threatening or aggressive," Rice's attorneys said in a statement. "Rice had been at the dealership a week earlier to inquire about a black Ford Mustang but was escorted away after giving employees an 'uneasy feeling.'"
When officers arrived, they located Rice with a bat.
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Police say when Rice refused to put the bat down, a female sergeant was called in. As she attempted to convince Rice to put the bat down, Rice hit her in the head with the bat, according to police.
Officer Bryan Wilson radioed in that Rice appeared to be having a mental health crisis, Rice's lawyers say, and according to the lawsuit, no mental health professional was called to the scene.
"The situation escalated when multiple officers drew their TASERS [sic] while Wilson drew his firearm pointing them at Rice," Rice's attorneys said in a statement. "A sergeant on the scene then lunged at Rice in an attempt to take the bat despite the fact that Rice hadn't offered any aggression or threat to any of the officers or bystanders. Rice responded to the sergeant's aggression, however, swinging the bat with one hand and hitting her in the head. At that point, Wilson, who was the only officer to draw his firearm, fired multiple shots hitting Rice in the chest, arm and thigh."
Former Hampton Police Chief Mark Talbot held a press conference following the incident.
“She spoke to the male in a calm voice, she tried to encourage him to put down the baseball bat, she asked over and over again, she made no threats,” Talbot said at the time.
Rice's attorneys say he suffers from paranoid schizophrenia, and was "clearly in the middle of a mental health crisis."
The lawsuit states Rice was not actively taking medication at the time of the shooting.
"The simple fact is that Clayton Rice was having a mental health crisis. Everyone could see it," one of his attorneys, Bakari Sellers, said. "Even Officer Wilson commented on it. But they didn't send a doctor or medical professionals. They sent law enforcement with their weapons drawn. That's not only irresponsible. It's a recipe for disaster and Clayton Rice is lucky to be alive."
Rice is suing Wilson for excessive use of force in violation of the Fourth and Fourteenth Amendments, and suing the city for gross negligence.
Stay with News 3 for updates.
