Court: Chesterfield officer can face lawsuit over deadly shooting
TL;DR: A federal appeals court upheld the denial of qualified immunity to a Chesterfield officer in the fatal shooting of a man experiencing a mental health crisis, allowing the family's $35 million lawsuit to proceed.
Quick facts
- Who: Officer Gordon Painter, Chesterfield Police; Charles Byers, 34
- What: Qualified immunity denied in fatal shooting; lawsuit allowed to proceed
- When: Shooting July 8, 2023; court ruling April 17, 2026
- Where: Wycliff Court, Chesterfield County
The story
On July 8, 2023, 34-year-old Charles Byers was shot and killed by Officer Gordon Painter of the Chesterfield County Police Department on Wycliff Court in Chesterfield. Byers, who had schizoaffective disorder, was in mental health crisis at the time. He had been released from a hospital and subsequently the Richmond City Justice Center, then walked barefoot 14 miles over 36 hours searching for his home. When police responded to a breaking-and-entering report, they found Byers holding a hatchet he had taken from a neighbor's garage.
Body camera footage showed the encounter lasted approximately 90 seconds, with officers issuing 13 commands for Byers to drop the hatchet. Throughout the encounter, Byers kept the hatchet lowered at his waist and never advanced toward officers. He was at least 25 feet away and backing away from police when Officer Painter fired. Within about 45 seconds of arriving, Painter shot Byers seven times, hitting him five times—including in the back after Byers had turned and was running away.
On April 17, 2026, the U.S. Court of Appeals for the Fourth Circuit upheld a district court's earlier denial of qualified immunity to Officer Painter. In a 2-to-1 decision, Judges Barbara Milano Keenan and Roger Gregory wrote that "no reasonable officer would think that shooting a man in these circumstances...was proportionate to the minimal resistance Byers gave." The judges found that Byers "did not pose an immediate threat to the officers or others" and that "it is not justifiable to use deadly force against a retreating suspect accused of a non-violent crime, who does not present an immediate danger."
The ruling clears the path for the Byers family's federal lawsuit alleging excessive force against Officer Painter and Chesterfield County to proceed. The family has already settled claims against HCA Chippenham Hospital and the City of Richmond, with HCA implementing new policies to ensure temporary detention order status is communicated to law enforcement. The lawsuit seeks $35 million in damages.
Key players
- Officer Gordon Painter — Chesterfield Police officer who fired the fatal shots
- Charles Byers — Man shot and killed; had schizoaffective disorder; was in mental health crisis
- U.S. Court of Appeals for the Fourth Circuit — Appellate court that upheld denial of qualified immunity
- Judge Barbara Milano Keenan — Senior judge who authored the majority opinion
- Judge Roger Gregory — Judge who joined the majority opinion
- Charles Byers' family — Plaintiffs in $35 million lawsuit
- Chesterfield County Police Department — Defendant in the lawsuit
Key dates
- 2023-07-08 — Charles Byers shot and killed by Officer Gordon Painter
- 2024-08-30 — Judge allowed excessive force claims against officer to proceed
- 2025-01-17 — Byers family reached settlement with HCA Chippenham Hospital and City of Richmond
- 2025-09-26 — Appeals court heard oral arguments in the case
- 2026-04-17 — Fourth Circuit appeals court upheld denial of qualified immunity
The case for
The court ruling reinforces the principle that police use of deadly force must be proportionate and legally justified. By denying qualified immunity, the court signaled that officers cannot escape accountability when using force against non-violent, retreating individuals with known mental health crises—establishing clearer standards that may encourage better crisis response training and de-escalation practices across law enforcement agencies.
The case against
Police argue that split-second decisions in dynamic field situations are difficult to judge in retrospect. The officer faced an armed individual who had not fully complied with commands; a dissenting judge noted the "challenging tactical situation" Painter confronted. Denying qualified immunity exposes individual officers to personal liability, which critics warn may make recruitment and retention of police officers more difficult and create hesitation in necessary enforcement actions.
Why it matters: The ruling establishes important legal precedent about when police use of deadly force is unconstitutional and may face personal liability—directly impacting how Chesterfield officers are trained and how they respond to people in mental health crises. It also signals to county residents and families of shooting victims that courts may hold officers accountable, potentially increasing scrutiny on police use-of-force policies and crisis intervention practices countywide.
Places
Development timeline
- 2023-07-08Charles Byers fatally shot by Chesterfield Police: Officer Gordon Painter shoots Byers seven times after responding to a breaking-and-entering report. Byers, in mental health crisis and holding a hatchet, was 25 feet away and backing from officers when shot. [[source]](https://www.wtvr.com/news/local-news/charles-byers-shooting-chesterfield-police-april-20-2026)
- 2024-06-25Body camera footage released: Chesterfield Police release body camera video of the shooting to the public. [[source]](https://www.wtvr.com/news/local-news/byers-chesterfield-police-bodycam-june-25-2024)
- 2024-08-30Judge allows claims to proceed: A federal judge allows some claims in the $35 million lawsuit filed by Charles Byers' family to move forward, including excessive force allegations. [[source]](https://www.wtvr.com/news/local-news/lawsuit-charles-byers-family-lawsuit-update-aug-30-2024)
- 2025-01-17Settlement reached with hospital and city: Byers family accepts settlement with HCA Chippenham Hospital and City of Richmond. Hospital implements new policy to communicate temporary detention status to law enforcement. [[source]](https://www.wtvr.com/news/local-news/settlement-reached-charles-byers-parents-lawsuit-hca-chippenham-hospital-jan-17-2025)
- 2025-09-26Appeals court hears oral arguments: U.S. Court of Appeals for the Fourth Circuit hears arguments on whether Officer Painter should receive qualified immunity, with judges questioning details about shots fired to Byers' back. [[source]](https://www.wtvr.com/news/local-news/charles-byers-shooting-hearing-sept-26-2025)
- 2026-04-17Appeals court denies qualified immunity: Fourth Circuit Court of Appeals upholds denial of qualified immunity in a 2-to-1 decision, finding Officer Painter's use of deadly force was unreasonable and allowing lawsuit to proceed. [[source]](https://www.wtvr.com/news/local-news/charles-byers-shooting-chesterfield-police-april-20-2026)
Related links
- Chesterfield County Government
- Treatment Courts - Chesterfield County
- Crisis Text Line - Chesterfield County
Read the original at Google News: Chesterfield County →
Sources
- Court upholds denial of qualified immunity to Chesterfield Police officer who shot, killed schizoaffective man | WRIC ABC 8News
- Court finds Chesterfield police shooting of Charles Byers 'unreasonable,' officer denied qualified immunity | WTVR CBS 6
- Police shooting of man in Chesterfield was 'unreasonable,' court says | 12 On Your Side
- Appeals court denies qualified immunity for Chesterfield officer in 2023 police shooting | Police1
- Judges grill Chesterfield over fatal police shooting of Charles Byers, question shots to his back | WTVR CBS 6
- Family of Charles Byers accepts lawsuit settlement; court denies immunity to officer who fatally shot him | WTVR CBS 6