Jurors hear testimony in trial involving Kalispell man shot by police

Jurors tasked with deciding the merits of a case against the Kalispell Police Department’s involvement in the officer-related shooting of a Kalispell war veteran heard testimony Tuesday in the second day of a week-long trial.

Ryan Pengelly, 35, sued the city of Kalispell and the police department after he was shot by two Kalispell Police Department officers inside his home in January 2016 while answering a call about the mental health of Pengelly’s mother, Bonnie.

In January 2019 Pengelly sued the city of Kalispell and Flathead County, along with Kalispell Police Officers Chad Zimmerman and Eric Brinton, and Sheriff’s Deputies Geno Cook and Kipp Tkachyk.

Flathead District Judge Robert B. Allison is presiding.

Court documents dated March 19 indicate U.S. District Court Judge Dana Christensen ruled some parts of the case could be determined through summary judgments, but a jury would decide other parts of the lawsuit.

Some parts of the suit were dismissed, including claims made against Flathead County, Cook and Tkachyk. Both officers investigated the shooting.

In May, after the case was transferred to Flathead District Court, Judge Allison ruled on several motions by the city of Kalispell and both police officers for summary judgments.

Allison ruled the case could still be argued to determine if the officers’ entry into Pengelly’s home without a warrant was legal and if their actions were negligent.

Several other motions made by the city, its officers and the county were granted, meaning Pengelly’s attorneys can’t argue excessive force was used, there was a failure to train, supervise and adopt appropriate policies, that there was a malicious prosecution, retaliation, conspiracy or negligence.

Much of the testimony came from Brinton, who was questioned by Pengelly attorney Peter Leander and an attorney representing the city of Kalispell.

The crux of Pengelly’s case is whether police officers should have been at the home and if they properly identified themselves as officers.

The case began when Bonnie Pengelly’s supervisor, Brent Smith, at the Heritage Place where they worked together, called about alleged threats she had made about harming herself or Ryan’s girlfriend.

Leander said a 911 dispatcher rated the call as “low priority.” Brinton said it was rated that way because it was not a call of an event in progress.

“I considered the call high on my priority list but I didn’t respond to Heritage Place because nothing was happening there at the time,” Brinton said.

Brinton, who is now a training officer and firearms instructor with KPD, said he called Smith and left a message. Smith called back and Brinton went there to speak with him and two others who worked with Bonnie.

“The coworkers said Bonnie had been making threats for about six months,” Brinton said. “One coworker said Bonnie wanted to kill Ryan’s girlfriend and that he had military-grade weapons.”

Brinton said after he spoke with the employees at Heritage Place, he received a call about a panic alarm at Glacier Home. It turned out to be false. Brinton then dealt with a call about stolen prescription medication and another about a stolen credit card.

“When I returned to the office, I spoke with Sgt. Zimmerman and I said what I had learned should result in a mental health evaluation,” Brinton said. “I also learned of a prior 911 call in November 2015 which dealt with Bonnie’s mental health. When we couldn’t get in touch with Bonnie, an officer contacted Ryan and he helped defuse the situation.”

Leander asked Brinton if he had called Ryan this time and the officer said he hadn’t.

“I didn’t want Ryan talking to Bonnie and it results in her kicking off what she had threatened. I had no indication either way of what may happen. With the info I had, detaining Bonnie was my goal,” Brinton said.

Leander then asked Brinton if he had spoken with a mental health professional before talking to Bonnie.

“We wouldn’t typically call a mental health professional, but they are available to us,” Brinton said.

Brinton said he and Sgt. Zimmerman traveled in separate patrol vehicles to the neighborhood where the Pengelly family lived.

“I was in uniform and identified myself as a Kalispell Police officer to Bonnie after she answered the door,” Brinton said. “I asked her about the threats and she said she never made any threats.”

Leander asked Brinton if he could have asked her how she was doing and he didn’t.

“My intent was to get her mental health evaluation,” Brinton said. “She was very short with me and gave me no explanation for the statements I received.”

Brinton said Bonnie indicated she didn’t need to go with him and he replied “It’s not up for discussion.”

Brinton said Bonnie then started to run from him and he grabbed her arm. Sgt. Zimmerman then tried to help Brinton get control of Bonnie.

“She was yelling and screaming, flailing her arms and kicking her legs,” Brinton said. “We were yelling and trying to get her under control. We were all loud.”

Brinton said Sgt. Zimmerman told him to take Bonnie to the ground and we told her to stop resisting.

They eventually handcuffed her, but Ryan had appeared holding a gun and pointing it at both officers, according to Brinton. Both officers fired at Ryan Pengelly, hitting him multiple times.

Allison dismissed Pengelly’s claim for punitive damages and his request for an award of attorney’s fees.

Pengelly is seeking damages to compensate him for lost wages, emotional distress and hundreds of thousands of dollars in medical bills. He argues the officer violated his constitutional rights by entering a home without a warrant and using excessive force.

The home where the shooting occurred was built by the nonprofit organization Operation Finally Home in 2012 and 2013.

The project provides mortgage-free American-made homes to disabled veterans. At the time, Pengelly — a decorated Army veteran who served three tours in Iraq and Afghanistan — had lost his home and military service medals in a Whitefish area house fire. He suffered a traumatic brain injury from a bomb blast in Iraq in 2008.

According to the lawsuit, Pengelly was shot four times with .45-caliber, hollow-point bullets and he suffered a severed pancreas and liver and several internal organs were “severely traumatized.”

He was hooked up to several medical support systems, according to the lawsuit, which also notes Pengelly has “undergone hundreds of thousands of dollars’ worth of medical treatments and has suffered significant, prolonged, physical pain and suffering and emotional distress.”

Reporter Scott Shindledecker may be reached at 406-758-4441 or sshindledecker@dailyinterlake.com.