Stricklands to sue UNCW police

The parents of Peyton Strickland intend to seek a wrongful death claim against the University of North Carolina Wilmington Police Department in the shooting death of their son, according to the court document releasing New Hanover County from liability.

The document, filed in Durham County on March 4 and signed by Donald and Kathleen Strickland, frees New Hanover County from any potential lawsuits in the death of 18-year-old Peyton Strickland, who was killed by a sheriff's deputy at his rental home at 533 Long Leaf Acres Drive on Dec. 1, 2006.

Also released from liability were Sheriff Sid Causey, former deputy Christopher Long and other sheriff's office staff members. The county's insurance recently reached a settlement with the Stricklands.

But the release states that nothing has been settled with UNCW police, and that the Stricklands intend to take action.

"The Releasors have advised the Releasees of their intention to pursue claims for wrongful death, intentional infliction of emotional distress and negligent infliction of emotional distress arising from the conduct of the UNC-W police department," reads the five-page document, which county officials released to the Star-News on Tuesday.

Strickland was shot to death through the front door of his home by Long, then a member of the sheriff's heavily-armed Emergency Response Team.

Long said he mistook the sound of a battering ram hitting the door for gunshots. Long was later fired by Causey, but has not been charged with any crimes.

Campus police asked for the sheriff's office's help serving Strickland with arrest warrants because of safety concerns.

Strickland and others were wanted for beating UNCW student Justin Raines over the head and robbing him of two PlayStation 3 game systems. Campus police received information that Ryan Mills, a friend of Strickland and a suspect in the robbery, was known to carry a firearm. They also found an Internet photo showing Mills and two other men posing with guns.

"We had concerns for safety," UNCW Police Chief David Donaldson said in December 2006.

Mills, who later pleaded guilty to common law robbery, was arrested for the robbery as he pulled up to Strickland's house on the night of the shooting. A loaded shotgun was found in the trunk of his car.

A hunting rifle and two shotguns, all unloaded, were found in Strickland's room at the house.

Donaldson said Wednesday it was the first he had heard about a potential lawsuit against his department.

"I don't know a thing about it," he said.

It was unclear Wednesday whether any lawsuits or claims had been filed against the university. University officials said they knew nothing about the contents of the release or any lawsuits.

"UNCW has received no notification" of any legal action, spokeswoman Cindy Lawson said in an e-mail.

Noelle Talley, a spokeswoman for the state Attorney General's office, said she was not aware of any lawsuits filed by the Stricklands. And Joyce Fitzpatrick, a spokeswoman for the Strickland family, did not return phone calls Tuesday or Wednesday.

New Hanover County officials announced Feb. 27 that the county's insurance provider had reached a settlement with the Strickland family. That settlement included a $2.45 million insurance payment, a public apology from Causey and his agreement to hire an outside consultant to review the emergency response team. The county had to pay a $25,000 deductible.

The county commissioners officially entered the settlement into the public record Monday. They did it surrounded by more than 100 uniformed deputies who came to support Causey, who has been criticized for his handling of the Strickland case.

Staff writer Veronica Gonzalez contributed to this report.

Chris Mazzolini: 343-2223

chris.mazzolini@starnewsonline.com