Sacramento police sued after shooting death of knife-wielding man on light rail train

The father of a knife-wielding man who was shot to death by Sacramento police on a Regional Transit light rail train last August is suing, alleging officers should have known he was having a mental crisis and called for intervention.

Dante Dwaine Day, 44, died Aug. 15 after he boarded a light rail train at Sacramento City College with a knife and was confronted by police, who tried to subdue him with beanbag shotgun rounds before he was shot six times, according to the wrongful death suit filed Thursday in Sacramento federal court.

“Day was in a state of severe emotional distress,” according to the suit filed by Oakland civil rights attorney John Burris against the city, police and two unnamed officers. “During this crisis, Mr. Day did not harm or threaten any of the train passengers.

“Officer Does 1 and 2 entered the train in response to a 911 call. Day repeatedly expressed that he felt helpless and afraid.

“Mr. Day’s behavior towards the officers signified that he was not of sound mind. Neither Officer Doe 1 nor Officer Doe 2 called for a crisis interventionist.

“Officer Doe 1 and Officer Doe 2 made no attempt to de-escalate the situation in a manner that appropriately responded to Day’s state of distress.”

The suit, filed on behalf of Day’s father, Derick Day, says Dante Day boarded the train with the knife but “did not verbally threaten any of the passengers.”

“Day did not brandish the weapon towards any of the passengers,” the suit says. “Mr. Day exhibited signs of extreme mental distress. Day sat down.

“Officer Doe 1 and Officer Doe 2 entered the train. Mr. Day repeatedly stated that he was scared. Day begged the officers not to kill him. Mr. Day stood up.

“Officer Doe 1 shot Day three times with a bean bag shotgun. Mr. Day ran towards Officer Doe 1. Officer Doe 1 fired 10 bean bags at Day. Mr. Day collapsed to the floor.

“Day moved behind a train seat. Mr. Day stood still against the wall. Day was not facing the officers. Officer Doe 2 shot Mr. Day six times with his gun.

“As a result, Day died from gunshot wounds.”

Police declined to comment Friday on pending litigation and a city spokesman did not immediately respond to a request for comment, but police released video weeks after the confrontation that showed Day entering the train with the knife and making his way to the front.

“Excuse me,” he said on video. “You all got to excuse me. I don’t understand. Excuse me.”

Passengers called 911 and began leaving the train. When officers arrived, they found Day seated at one end of the rail car.

“Listen, we want everything and everyone to go home safe,” one officer told Day, according to the videos. “I just need you to do everything that ... we tell you.

“No one is going to hurt you, man. Do not grab the knife.”

“I’m scared of you all, bro,” Day replied on the videos. “Please, please, please, sir. I know you all got to do your job, but I’m scared of you all right now.”

Officers discussed using non-lethal force against Day as he pulled the knife from his waistband and held it in his lap, the videos show.

Police continued trying to engage with Day, telling him they did not want to hurt him. After Day stood and held the knife at his waist, one officer fired bean bags at him, the videos show, and Day charged toward them still holding the knife.

More shots were fired and Day went down, then got up holding the knife and he was shot and fell. He later was pronounced dead at the scene.