Family of Man Killed in Shootout Sues Casper, Officers

The family of a man shot last year by a Casper police officer, with another officer suffering life-threatening injuries, on Monday sued the city, police department and officers for $500,000 and other compensation.

"Defendants Officer (Jacob) Carlson and Officer (Randi) Garrett's unlawful and unwarranted acts, lack of training, and deviation from official customs or policies of law enforcement agencies at large, unlawfully caused David Wolosin's injuries and death," Daniel Wolosin wrote in the complaint filed in federal court.

David Wolosin had the right to carry a weapon and use it in self-defense, had the right to be free from unconstitutional searches and seizures, and the right to due process, Daniel Wolosin wrote.

Casper City Attorney John Henley said he was shocked, disappointed and saddened by the lawsuit because of the pain of the community and police department, and the physical and psychological pain of the officers.

The incident started in the early afternoon on Sunday, May 6, 2018, when Garrett responded to a report of David Wolosin letting a small child drive a sedan in a vacant lot. Another child was also inside the car. The children were his nephews

Carlson soon arrived at the scene as a backing officer.

Video released by the Casper Police Department shows Carlson walking from his patrol car to the white sedan. Garrett is already speaking with David Wolosin. As the encounter continues, Carlson begins talking to Wolosin, who is talking on a cell phone with his left hand and tries to back away.

According to Daniel Wolosin's lawsuit, David was saying, "Please give me some space. Please back up, please."

The video shows Carlson shoving Wolosin who pulls out a gun and fires at Carlson, who falls to the ground.

More gunfire is exchanged and the officers take cover behind the car with the children still inside.

An investigation revealed that it was a round from Garrett's gun that killed Wolosin.

Carlson spent about a month in the Wyoming Medical Center. His heart stopped beating multiple times while undergoing surgery. He has since retired.

A joint investigation from the Natrona County District Attorney's Office and Wyoming Division of Criminal Investigation cleared Garrett and Carlson of any wrongdoing.

Daniel Wolosin himself is not seeking compensation.

However, his wife Kayla, brother and sister-in-law Stephen and Jillian Wolosin and their two minor children, and Wolosins' parents Carl and Harriet Wolosin all mention these damages and requested compensation:

Loss of companionship, love and guidance.
Feeling of injustice.
Apologies from the officers and the city.

Daniel Wolosin said the children want compensation for the effects on their quality of future life and for the the infliction of emotional harm by the ambulance driver after David Wolosin's death.

Each child is seeking $100,000, and the parents are seeking $300,000, he wrote.

In September, Henley and K2 Radio News obtained a draft of a possible lawsuit, but he hadn't heard anything since then.

That draft was written by a Cheyenne attorney, but Daniel Wolosin is now representing himself. Henley said he can understand why an attorney would not want to file such a lawsuit.

The case probably will be forwarded to the municipalities' insurance pool company for an attorney to look at it, he said.

The Wyoming Attorney General's Office will represent Carlson and Garrett, Henley added.