Woman Whose Eye Was Shot Out by Utah Police Officer Loses Excessive Force Lawsuit

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Woman Whose Eye Was Shot Out by Utah Police Officer Loses Excessive Force Lawsuit

November 12th, 2017

Awake Goy

A jury has rejected a claim in a lawsuit that a Morgan County sheriff’s officer used excessive force when he shot a woman in the left eye at the end of a 2012 police chase.

After deliberating for about an hour at the conclusion of a five-day trial in Farmington’s 2nd District Court, jurors returned a unanimous verdict on Oct. 27 that found Sgt. Daniel Peay did not violate the constitutional rights of Kristine Biggs Johnson.

“We are pleased with the verdict and appreciated the diligence of the jury and the court,” said attorney Julia Kyte, who with attorney Jeffrey Bramble represented Peay. “Sergeant Peay is an excellent officer and we believe the correct result was reached in this case.”

Johnson’s attorney, Robert Sykes, said Tuesday that he is considering an appeal. He said Peay’s assertion that he fired his gun because he believed a fellow officer — the sergeant’s brother, Deputy Christian Peay — was about to be run over by Johnson was a “made-up story.”

Johnson — who was a Colorado resident at the time of the shooting and now lives in California — was drunk on Nov. 24, 2012, and would not pull over when a Morgan County sheriff’s deputy tried to stop her for having a broken headlight, according to court records. She fled, setting off a 40-mile chase into Davis County and at times driving up to 90 mph on Interstate 84.

The 30-minute chase continued even after Johnson — who drove over spikes set up by officers that ripped off three tires on her pickup truck — ended on a road near South Weber. Blocked in by police vehicles, Johnson made a U-turn and struck two cruisers, according to court records.

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