Virginia Beach police officer who shot and killed Donovon Lynch responds to federal prosecution allegations

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In a statement on the defense response and reasons, Officer Simmons admits that he shot Donovon Lynch, but denies the trial’s claim that the shooting was illegal.

VIRGINIA BEACH, Virginia Editor’s note: The above video is from July 2021.

The Virginia Beach police officer who shot and killed Donovon Lynch responded to allegations made in a federal lawsuit.

Wayne Lynch, Donovon’s father, has filed a $ 50 million federal lawsuit against the city of Virginia Beach and the officer he claims killed Lynch, Solomon Simmons III.

In a statement on the defense response and reasons, Officer Simmons admits that he shot Donovon Lynch, but denies the trial’s claim that the shooting was illegal.

The Virginia Beach Police Department never disclosed Simmons’ name as the officer involved in the Oceanfront shooting on March 26.

The new court document filed on Simmons’ behalf goes on to say that he acted “reasonably and with lethal force appropriate in the circumstances” when he met Lynch.

In his statement, Agent Simmons admits that he shot Lynch twice, but maintains that the use of lethal force was justified.

Meeting with Lynch

An attorney for Simmons said he encountered Lynch during an active shooter situation, and Simmons heard what sounded like a bullet slipped into the chamber of a handgun.

Simmons turned in the direction of the noise and saw Lynch “crouching behind some shrubs.”

The document indicates that Simmons called and Lynch stood up and turned around with a gun in his hand, pointed in the officer’s direction.

Simmons admits he then fired his gun and hit Lynch twice. He says when he fired his gun he feared for his life and the lives of other officers and citizens in the area.

He also denied the claim that Lynch was unmistakable like anyone else.

Simmons admits that he did not attempt to determine Lynch’s identity before firing his gun, but the document indicates that this was because there was not enough time to discuss the situation.

Body camera allegations

Simmons is responding to claims in the lawsuit that he did not activate his body camera. He admits he didn’t activate it, but gives a reason.

“… he did not do it because from the moment he left his police car until the moment Mr. Lynchs fired, there was a threat of lethal force that Constable Simmons focused his attention, as Constable Simmons walked towards ongoing gunfire in an attempt to protect the general public and knowing firsthand that civilians had been shot after rescuing the ‘one of these victims earlier in the evening,’ the statement read.

Simmons answered all seven counts in the lawsuit. In Count III, he continues to assert that he acted reasonably and that he used appropriate force under the circumstances of that night.

He goes on to say that Lynch contributed to his own death by:

enter an active fire zone crouch unexpectedly behind a shrub arm a weapon place a bullet in the weapon chamber during an active fire situation stand up and turn to a policeman with loaded gun in hand, bullet in bedroom, pointed at police officers while, on information and belief, Mr. Lynch was under the influence of alcohol.

The city of Virginia Beach filed a motion with the United States District Court for the Eastern District Court on July 19, asking for the lawsuit to be dismissed.

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