Fountain reaches settlement after teen’s shooting in 2015

The city of Fountain has reached a settlement in a wrongful death lawsuit after a 17-year-old was shot by a police officer in 2015.

The details of the settlement weren’t made available, but the city said Thursday, “Out of compassion, dignity, and respect for all persons involved in this difficult matter, the city of Fountain wants to honor the expectations and agreements reached in the settlement.”

Patrick O’Grady, 17, was shot and killed by Fountain Police Officer Johnathan Kay in September 2015.

At the time of the incident, Kay said O’Grady pointed a gun at him, which led him to shoot O’Grady. In December, the El Paso County Sheriff’s office found Kay’s actions were justified.

The mother, Elizabeth Alvar filed a lawsuit on March 4. In the lawsuit, Alvar claims her son was unarmed at the time of his death.

“Ms. Alvar witnessed the incident and did not see a gun in the bathroom. She did not see him reach for a gun. She did not see him point a gun at officer Kay and she did witness officer Kay shoot her son,” said Michael Thomson, attorney.

Officer Kay was in the home after responding to reports of a disturbance. Reports reveal Alvar called 911 after discovering an unknown individual in her garage attempting to steal a motorcycle. Alvar chased the individual out of her garage. After the chase, Alvar returned home to find her son in the house.

The lawsuit reveals O’Grady went upstairs to take a shower when officer Kay arrived. Alvar opened the bathroom door and found O’Grady in the bathroom preparing to get into the shower. Officer Kay directed O’Grady to get dressed.

The lawsuit claims Officer Kay pushed and O’Grady pulled on the door several times before closing the bathroom door. Once O’Grady closed the door, Officer Kay allegedly drew his weapon and fired one shot through the closed bathroom door. After firing the shot, Officer Kay opened the door to find O’Grady lying naked on the floor with his head against the bathtub.

The lawsuit also alleges that after the shooting, four officers were called to the residence but only one of those four officers were able to locate a gun in the bathroom.

Officer Jose Barraza was the fourth officer to enter the bathroom after the shooting. The lawsuit reveals when Barraza entered he located a black Glock Model 27 handgun positioned behind the door of the bathroom, close to where O’Grady’s hand was lying on the floor.

The mother claims officers planted the gun near the body.

We’re working on possibly getting more details on the settlement from the city. Check back for updates.