Minnesota family wins $4.5M civil suit against sheriff's deputy for role in son's death
Nearly seven years after a Minnesota sheriff's deputy killed their son, a family is receiving a settlement of $4.5 million.
Washington County approved the settlement Tuesday with the family of Benjamin Evans.
Benjamin Evans' father, Bill Evans, says his son was an on-call firefighter with Lake Elmo. He was also an EMT and on the way to becoming a paramedic.
"He used to call me almost every day, every other day, and talk to me about EMS calls he had been on or fire training that he had had," Bill Evans said.
In 2018, Washington County sheriff's deputies responded to a call that Benjamin Evans was suicidal.
During a 40-minute standoff in a Lake Elmo intersection, Benjamin Evans pointed a gun at his own head, twisting and moving his head.
Deputy Brian Krook shot and killed him. A jury later acquitted Krook of manslaughter.
County officials say the settlement "does not constitute admission of liability or wrongdoing."
"The county stands by the actions of its deputy as necessary and justified to protect public safety," said Kevin Corbid, the Washington County Administrator, before the settlement was approved this week. "Over the past number of years, the county has vigorously defended itself and its deputy."
Bill Evans says a part of him would've liked to see the case go to trial.
"There was no way that [Benjamin] would have done anything that he would've deserved to be shot," he said. "He just respected police and fire and EMS. They were all first responders, they were all family to him."
The settlement at least offers Bill Evans the relief of not having to relive his tragedy with more court dates, but he says it doesn't give total closure.
"You never get over losing a child," he said. "It's a daily thing that I think about."
Most of the money will go to Benjamin's now-8-year-old daughter.
Part of it will go toward mental health crisis training for first responders, something Bill Evans handled in his 36 years as a firefighter himself.
"I've taken care of hundreds of patients in mental health crisis over the years, and the one time that I needed for them to help my child, they didn't," he said.
Krook still works for Washington County as a patrol deputy, canine handler and SWAT officer.
Last year, he shot a man who pointed a pellet gun at officers. The use of force was found to be justified.
Washington County's full statement on the settlement:
"Today the Washington County Board approved a settlement in the case of Evans v. Krook, bringing resolution to a difficult and tragic event. The County hopes this agreement provides a measure of closure for all those affected.
Under the terms of the settlement, William Evans, acting as Trustee and Next-of-Kin for Benjamin Evans, along with his attorneys, will receive a payment of $4.5 million. The Minnesota Counties Intergovernmental Trust (MCIT) contributed $2 million, and Washington County contributed $2.5 million to resolve the matter in full.
This settlement stems from an incident on April 12, 2018, when Benjamin Evans, who was armed and suicidal, was shot by Deputy Krook as he turned his head and the gun held near it, causing the loaded firearm to point in the direction of negotiating officers during a standoff with police.
While Washington County stands by the actions of its deputy as necessary to protect public safety, both parties recognized that a prolonged and costly trial could yield uncertain outcomes.
It is important to note that this settlement does not constitute admission of liability or wrongdoing by Washington County or Deputy Krook. The County maintains that its deputies acted appropriately and within the scope of their duties. In March 2020, a jury reviewed the use of force in this incident and concluded that Deputy Krook's actions were legally justified under Minnesota law, clearing him of any criminal wrongdoing.
The Washington County Sheriff's Office remains committed to upholding public safety and serving the community with professionalism and respect. Our thoughts remain with all those impacted by this tragic event."
