STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE COUNTY OF HARNETT SUPERIOR COURT DIVISION 15 CVS 15637500779 DOLLIE GRIGGS, as Administrator of the Estate of CHRISTIAN GRIGGS, COMPLA FEE: (JURY TRIAL :3 I i Plaintiff, v. -0. WILLIAM PAT CHISENHALL and KATIE GRIGGSDefendants. NOW COMES the Plaintiff complaining of the Defendants by saying as follows: PARTIES 1. Plaintiff is a citizen and resident of Harnett County, North Carolina, and she is the mother of Decedent Christian Griggs. She is also the duly quali?ed administrator of the Estate of Christian Griggs. 2. Defendants are citizens and residents of Harnett County, North Carolina. JURISDICTION AND VENUE 3. This Court has jurisdiction over this matter pursuant to N.C.G.S. and 7A-243. 4. This Court has personal jurisdiction over the Defendants pursuant to N.C.G.S. 1-75.4. 5. Venue properly lies in Harnett County, pursuant to N.C.G.S. 1-82 in that the Plaintiff and Defendants reside in this County. 6. The Defendants have been properly served and brought before the Court pursuant to Rule 4 of the North Carolina Rules of Civil Procedure. HOWARD, STALLINGS, FROM, HUTSON, ATKINS, ANGELL DAVIS P.A. Attorneys at Law Raleigh. North Carolina FACTUAL ALLEGATIONS INTRODUCTION 7. On October 12, 2013, Decedent Christian Griggs spent his ?nal moments of life facedown on a porch, bleeding and gasping from the six bullets emptied into his body by a 22 caliber ri?e, four of which struck him in the back. Defendant William Pat Chisenhall, the man who claims he killed Decedent Christian Griggs, purportedly told the Harnett County Sheriff?s Department he used deadly force to stop his son-in?law from climbing through a window and ?red all shots from inside his living room. Upon information and belief, Defendant William Pat Chisenhall, a pastor at a Harnett County church, told deputies he was protecting his daughter, Defendant Katie Griggs, from Decedent Christian Griggs, her husband, at the time of the killing. 8. However, Defendant William Pat Chisenhall told the News Observer and others have no memory of that day,? and Defendant Katie Griggs claims she was hiding in a closet when all 6 shots were ?red. 9. Upon information and belief, Defendant William Pat Chisenhall was involuntarily committed to a hospital approximately one week after the killing for treatment of emotional instability, and upon information and belief, Defendant William Pat Chisenhall was unwell at the time of and prior to the killing. 10. According to the trajectory of the four bullets ?red into Decedent Christian Griggs? back, at the time of the fatal shots, he was laying face down while the shooter or shooters stood near his feet. Moreover, if all shots were ?red from inside the home, Decedent Christian Griggs could not have been entering head-?rst through a window when he was shot four times in the back. HOWARD, STALLINGS, FROM, HUTSON, ATKINS, ANGELL DAVIS P.A. Attorneys at Law Raleigh. North Carolina 2 11. Upon information and belief, at the time of the killing, Defendant Katie Griggs was also suffering from emotional instability and had verbalized desires to physically harm Decedent Christian Griggs; nevertheless, Defendant William Pat Chisenhall, knowing of his and his daughter?s emotional instabilities, and his daughter?s desire to physically harm Decedent Christian Griggs, negligently possessed unsecured and loaded ?rearms within his home for Defendant Katie Griggs and himself to harm others, including Decedent Christian Griggs. 12. Upon further information and belief, on October 12, 2013, due to Defendant William Pat Chisenhall?s negligence, Defendant Katie Griggs was given access to a ?rearm and shot Decedent Christian Griggs on her father?s porch while he was engaged in a verbal exchange regarding Defendant Katie Griggs? non-compliance with an agreement regarding custody of and visitation with their daughter. Upon information and belief, Defendant William Pat Chisenhall also fired shots into Decedent Christian Griggs? body. At the time of the shooting, Decedent Christian Griggs was unarmed and located within broad daylight. BACKGROUND 13. Defendant Katie Griggs and Decedent Christian Griggs met as students at Harnett Central High School. Defendant Katie Griggs was the daughter of a preacher, and Decedent Christian Griggs was the son of two United States Army of?cers. Defendant Katie Griggs is white; Decedent Christian Griggs was black. Their interracial relationship made some of their friends and family in Harnett County uneasy. Neither side of the family was pleased when Defendant Katie Griggs got pregnant during her senior year. Nevertheless, Defendant William Pat Chisenhall married the two teenagers, and the couple worked together to raise their daughter. 14. At the time of the marriage, Decedent Christian Griggs had secured an ROTC scholarship to NC. State University and planned to obtain an engineering degree. He completed HOWARD. STALLINGS, FROM, HUTSON, ATKINS, ANGELL DAVIS P.A. Attorneys at Law Raleigh, North Carolina .3 one semester at NC. State University before enlisting in the United States Army to provide a steady income for his new daughter and wife, Defendant Katie Griggs. 15. Shortly after enlisting in the United States Army, Decedent Christian Griggs was deployed to Iraq for a one year tour of duty. Upon information and belief, during his deployment, Defendant Katie Griggs became distant, and like her father, began suffering from emotional instability. Upon information and belief, after Decedent Christian Griggs? return from service, Defendant Katie Griggs began showing physical aggression and acting out in violence toward him. 16. By Spring of 2013, Decedent Christian Griggs had completed his service with the armed forces and returned to NC. State University, with the assistance of veteran bene?ts, to complete an engineering degree. At this time, due to the dif?culty that had developed in their marriage, the couple had a lawyer draft separation papers and the two reached an agreement whereby Decedent Christian Griggs had joint custody of their child and visitation every other weekend. Even after the separation, Decedent Christian Griggs spent every moment he could with his daughter; that is, when his wife would comply with their agreement regarding visitation and custody. He also continued to financially support his daughter and wife. OCTOBER 11, 2013 17. On the evening of Friday, October 11, 2013, Decedent Christian Griggs went to pick-up his daughter from Defendant Katie Griggs? home because it was his weekend. His grandmother had ?own in from Michigan to spend time with his young daughter. When he arrived at the Defendants? homestead, Defendant Katie Griggs refused him access to his child, and she began yelling at him when he brought up the terms of their agreement regarding custody and visitation. Decedent Christian Griggs calmly left without his daughter. HOWARD. STALLINGS, FROM, HUTSON, ATKINS, ANGELL 8.: DAVIS PA. Attorneys at Law Raleigh, North Carolina 4 18. Unbeknownst to Decedent Christian Griggs, following the October 11, 2013 encounter, Defendant Katie Griggs went to the Hamett County Magistrate?s Of?ce to swear out warrants for misdemeanor trespass and damaging an air conditioner, but the warrants were never served and Decedent Christian Griggs was never made aware of them. Media outlets have incorrectly reported that there was a 50B Restraining Order issued against Decedent Christian Griggs. Upon information and belief, Defendant Katie Griggs made false accusations against Decedent Christian Griggs in the warrants and swore out the warrants in a malicious effort to obtain sole custody of their child. OCTOBER 12, 2013 19. On the morning of Saturday, October 12, 2013, Decedent Christian Griggs went to Defendant Katie Griggs? home to ask for her to comply with the terms of their agreement regarding child custody and visitation, where his young daughter could spend the day with her great?grandmother who had travelled from Michigan to see her. Shortly thereafter, Decedent Christian Griggs called his father, Tony Griggs, to tell him that he was being threatened by the Defendants and again being refused access to his child. Tony Griggs reassured his son and told him that he would be there shortly to speak with the Defendants. At or around the same time, Defendants called 911 and told the dispatcher that Decedent Christian Griggs was threatening the Defendants. 20. Tony Griggs lived three miles from the Defendants, and upon receiving the call from his son, he immediately drove to the Defendants? homestead. Tony Griggs arrived at the crime scene before police. There, he found his son face down on Defendant William Pat Chisenhall?s porch, his head nearest the far corner of the porch, away from the front door and HOWARD, STALLINGS, FROM, HUTSON, ATKINS, ANGELL DAVIS P.A. Attorneys at Law Raleigh, North Carolina 3 window. The window that Decedent Christian Griggs purportedly was climbing through was barely pushed open; the blinds appeared undisturbed; and no glass was broken. 21. According to police records and the autopsy report from the NC. Office of the Chief Medical Examiner, Decedent Christian Griggs was 5 feet 10 inches tall, 151 pounds, and unarmed at the time of the killing. They also re?ect that Decedent Christian Griggs was shot 6 times with a 22 caliber ri?e in broad daylight and that 4 of those bullets entered his lower back while traveling upward at a steep angle toward his head. This trajectory suggest that at the time of the fatal shots Decedent Christian Griggs was laying facedown, in the position he was found by his father, while the shooter or shooters stood above him near his feet. The four gunshot wounds in Decedent Christian Griggs? back contradict the Defendants? purported account of Decedent Christian Griggs entering the home head?rst through the window while Defendant William Pat Chisenhall ?red all shots from within his living room. 22. Upon information and belief, approximately one week after the killing, Defendant William Pat Chisenhall was involuntarily committed to a hospital for treatment of emotional instability. 23. Upon information and belief, Defendant Katie Griggs applied for Decedent Christian Griggs? social security survival bene?ts within one week of her husband?s killing. CRIMINAL INVESTIGATION 24. The undisputed evidence indicates that Decedent Christian Griggs was shot 4 times in the back with a 22 caliber ri?e in broad daylight. 25. The undisputed evidence indicates that Decedent Christian Griggs was unarmed at the time of the killing. HOWARD, STALLINGS, FROM, HUTSON, ATKINS, ANGELL 8; DAVIS P.A. Attorneys at Law Raleigh, North Carolina 6 26. The four shots that struck Decedent Christian Griggs in the back were the shots that killed him, and the two shots that grazed Decedent Christian Griggs? right shoulder and abdomen were not fatal. 27. Decedent Christian Griggs, Defendant William Pat Chisenahll, Defendant Katie Griggs and Decedent Christian Griggs? young daughter were the only individuals present at 11378 N.C. Highway 210 North, Angier, North Carolina at the time of the killing. 28. Decedent Christian Griggs death is not justi?able in accordance with either North Carolina?s Stand Your Ground Law or Civil Self-Defense Laws in that Decedent Christian Griggs was shot 4 times in the back with a 22 caliber ri?e while unarmed in broad day light. 29. The Harnett County Sheriff 3 Department was the only governmental authority to investigate the killing of Decedent Christian Griggs, and it refused to involve the State Bureau of Investigation or outside authorities, even though such requests were made by Plaintiff and her husband, Tony Griggs. 30. Upon information and belief, no ?ngerprint analysis was performed on the 22 caliber ri?e used to kill Decedent Christian Griggs to determine who ?red the weapon. 31. Upon information and belief, no fingerprint analysis was performed on the window that Decedent Christian Griggs was purportedly climbing through to con?rm or deny Defendants? purported self-defense narrative. 32. Upon information and belief, no ?ngerprint analysis was performed on the front door to Defendant William Pat Chisenhall?s home to investigate Defendants? purported self- defense narrative. 33. Upon information and belief, Defendants, to date, have not taken polygraph examinations regarding what occurred on October 12, 2013. HOWARD, STALLINGS, FROM, HUTSON, ATKINS, ANGELL DAVIS P.A. Attorneys at Law Raleigh, North Carolina 7 34. Upon information and belief, according to the Defendants? purported version of events, no shots were ?red that missed Decedent Christian Griggs? body, and no shots were ?red that struck the window, window pane or surrounding structure. Upon information and belief, according to the Defendants? purported self-defense narrative, all shots ?red struck Decedent Christian Griggs? body. 35. Upon information and belief, after searching Defendant William Pat Chisenhall?s home twice, the Hamett County Sheriff?s Department was only able to locate 3 shell casings, which were all found together inside the home, deSpite the fact that Decedent Christian Griggs was shot 6 times and Defendants purportedly claim all shots were ?red from inside Defendant William Pat Chisenhall?s living room. 36. Upon information and belief, ?nger print analysis was not performed on the 3 found shell casings to determine if the crime scene had been staged. 37. Upon information and belief, to date, the 3 missing shell casings have not been found by either the Defendants or law enforcement, even though according to the Defendants? purported version of events, all 6 shell casings should have been located inside of Defendant William Pat Chisenhall?s living room. 38. Plaintiff and her husband, Tony Griggs, were told by the Harnett County Sheriffs Department that gunpowder residue tests were not performed on the Defendants and their clothing; however, at 2:00 PM on March 11, 2015, Plaintiff and Mr. Griggs, were asked to come to the Hamett County Sheriff?s Department to recover their murdered son?s belongings. At this time, they were presented a chain of custody document to sign via a ?Ms. Matthews? that depicted gunpowder residue tests being performed on both of the Defendants. HOWARD, STALLINGS, FROM, HUTSON, ATKINS, ANGELL DAVIS P.A. Attorneys at Law Raleigh, North Carolina 8 39. Upon information and belief, the Hamett County Sheriff's Department took custody of the clothing worn by Defendant William Pat Chisenhall at the time of the killing. 40. Upon information and belief, the Hamett County Sheriff? 5 Department took custody of the clothing worn by Defendant Katie Griggs at the time of the killing. 41. Upon information and belief, gunpowder residue tests were performed on the clothing worn by Defendant William Pat Chisenhall at the time of the killing. 42. Upon information and belief, gunpowder residue tests were performed on the clothing worn by Defendant Katie Griggs at the time of the killing. 43. Upon information and belief, gunpowder residue tests were performed on the skin of Defendant William Pat Chisenhall after the killing. 44. Upon information and belief, gunpowder residue tests were performed on the skin of Defendant Katie Griggs after the killing. 45. Upon information and belief, the clothing of Decedent Christian Griggs was never sent to the Medical Examiner for forensic testing, and it currently resides in a Hamett County evidence locker. 46. Upon information and belief, the criminal lawyer retained by Defendant William Pat Chisenhall to defend him during the homicide investigation was Hamett County District Attorney Vernon Stewart?s former law partner, Gerald Hayes. 47. Upon information and belief, Defendant William Pat Chisenhall?s son, Patrick Chisenhall, was a Hamett County ?rst-responder, and he was one of the ?rst individuals to arrive at the crime scene after the killing. HOWARD, STALLINGS, FROM, HUTSON, ATKINS, ANGELL DAVIS P.A. Attorneys at Law Raleigh, North Carolina 9 48. Upon information and belief, Defendant William Pat Chisenhall is the next door neighbor of a Harnett County law enforcement of?cer, who was at home at the time of the killing but says he did not hear gunshots, even though it is uncontested at least 6 shots were ?red. 49. Based upon the images shown on report following the killing, the crime scene depicted on television did not coincide with what was witnessed by Tony Griggs as set forth in Paragraph 20 above. In the television images, the window had been broken, the blinds had been disturbed, and the window had been further pushed open. 50. Upon information and belief, Defendant William Pat Chisenhall altered the crime scene after the killing. 51. Upon information and belief, Defendant Katie Griggs altered the crime scene after the killing. 52. On January 17, 2014, a detective with the Harnett County Sheriff's Department came to the home of the Plaintiff and Tony Griggs to inform them that they were of?cially closing their homicide investigation into the killing of Decedent Christian Griggs. The detective stated that Defendant William Pat Chisenhall was an upstanding member of the community who the Harnett County Sheriff?s Department did not believe was capable of murder. He further stated that they did not believe Defendant Katie Griggs pulled the trigger, despite her history with Decedent Christian Griggs. The detective then recounted to Plaintiff and Mr. Griggs the Defendants? purported self-defense narrative with Decedent Christian Griggs breaking into the home head?rst through a window when he was shot 4 times in his back from a shooter standing inside of Defendant William Pat Chisenhall?s living room. The detective stated that Harnett County District Attorney Vernon Stewart was in concurrence with their ?ndings and their HOWARD, STALLINGS, FROM, HUTSON, ATKINS, ANGELL DAVIS P.A. Attorneys at Law Raleigh, North Carolina 10 decision not to involve the State Bureau of Investigation or to perform forensic analysis of the evidence or the crime scene. CLAIM FOR RELIEF WRONGFUL DEATH 53. Plaintiff incorporates herein the preceding allegations. 54. The Defendants owed a duty to exercise reasonable care and diligence in their interactions with one another and Decedent Christian Griggs on October 12, 2013, whereby to not cause the killing of another human being. They also owed a duty to exercise reasonable care in the storage, maintenance and operation of their ?rearms. 55. Defendant William Pat Chisenhall breached these duties when he, among other things: a. Possessed a loaded and unsecured ri?e, while in a volatile situation, when he himself was suffering from serious emotional instabilities that upon information and belief led to his involuntary commitment to a mental institution immediately following the killing, and he knew or should have known he posed a threat to himself and others, including Decedent Christian Griggs, who he knew was coming to pick-up his child; and b. Made a loaded and unsecured ri?e available to Defendant Katie Griggs, in the presence of Decedent Christian Griggs and when he knew Decedent Christian Griggs was coming to pick-up his child for visitation, immediately after Defendant Katie Griggs had expressed a desire to physically harm Decedent Christian Griggs and was showing signs of serious emotional instabilities. 56. Defendant Katie Griggs breached these duties owed when she, among other things: a. Made a loaded and unsecured ri?e available to Defendant William Pat Chisenhall, in the presence of Decedent Christian Griggs and when she knew Decedent Christian Griggs was coming to pick-up his daughter for visitation, while Defendant William Pat Chisenhall was showing signs of serious emotional instability that upon information and belief led to his involuntary commitment to a mental hospital immediately following the killing and when HOWARD, STALLINGS, FROM, HUTSON, ATKINS. ANGELL DAVIS P.A. Attorneys at Law Raleigh, North Carolina 11 she knew that tempers would be in?amed due to her refusal to comply with child custody and visitation arrangements; and b. Possessed a loaded and unsecured ri?e when she was suffering from serious emotional instabilities and knew or should have known that she posed a threat to herself and others, including Decedent Christian Griggs, and also knew that Decedent Christian Griggs was coming to pick-up his child for visitation and that she had expressed desires to physically harm him and had acted out in violence against him in the past. 57. In the alternative, Defendants were negligent when they failed to use reasonable care in the operation of their ?rearm and continued discharging the ?rearm into Decedent Christian Griggs? body after he posed no threat to them and they were no longer acting in self- defense, assuming the Defendants ever ?red the weapon in self-defense, which is expressly denied. 58. The Defendants? breach of said duties was the proximate cause of the painful and untimely death of Decedent Christian Griggs. 59. The Defendants? breach of said duties amounted to willful and wanton conduct, and their conduct constitutes gross negligence. 60. North Carolina law requires that the owner or possessor of a gun must not store or leave the ?rearm in a condition that could be accessed and discharged by a minor who resides in the house of the gun owner. Defendants? breach of this statutory duty constitutes negligence per se as it was a direct and proximate cause of the death of Decedent Christian Griggs. 61. Federal Law requires that the owner or possessor of a gun must not give the ?rearm to someone who is mentally unstable. Upon information and belief, Defendants? breach of this statutory duty constitutes negligence per se as it was a direct and proximate cause of the death of Decedent Christian Griggs. HOWARD, STALLINGS, FROM, HUTSON, ATKINS, ANGELL DAVIS P.A. Attorneys at Law Raleigh, North Carolina 12 62. Federal Law and regulations require the purchaser of a ?rearm to truthfully and accurately complete ATF Form 4473 and associated forms for purchase of a ?rearm. Upon information and belief, the Defendants? failed to truthfully and accurately complete said forms when they purchased the ?rearm that killed Decedent Christian Griggs, and Defendants? breach of this statutory duty constitutes negligence per se as it was a direct and proximate cause of the death of Decedent Christian Griggs. 63. The Defendants each committed a harmful and offensive touching of Decedent Christian Griggs when they ?red bullets into his body. Said conduct constitutes battery. 64. The Defendants each caused Decedent Christian Griggs to reasonably apprehend a harmful and offensive touching when they brandished a ri?e in his direction and ?red bullets at his person. Said conduct constitutes assault. 65. The Defendants? assault and battery upon Decedent Christian Griggs was a direct and proximate result of his painful and untimely death. 66. As a result of the aforesaid negligent and intentional acts and omissions of the Defendants, the Defendants are jointly and severally liable to the Plaintiff for damages in excess of ten thousand dollars for the following: Expenses for care, treatment and hospitalization of Decedent Christian Griggs incident to the injury resulting in death; Compensation for pain and suffering of Decedent Christian Griggs; The reasonable funeral expenses of Decedent Christian Griggs; and The present monetary value of Decedent Christian Griggs to his survivors, including but not limited to compensation for the loss of the reasonably expected: i. Net income of Decedent Christian Griggs over his lifetime; HOWARD. STALLINGS, FROM, HUTSON, ATKINS, ANGELL DAVIS P.A. Attorneys at Law Raleigh, North Carolina 13 ii. Services, protection, care and assistance of Decedent Christian Griggs whether voluntary or obligatory; and Society, companionship, comfort, guidance, kindly of?ces and advice of Decedent Christian Griggs to his survivors, including his young daughter. 67. Defendants are also each liable to the Plaintiff for punitive damages for the above-described grossly negligent and intentional acts. WHEREFORE, the Plaintiff respectfully prays the Court for relief as follows: 1. That the Plaintiff have and recover of Defendants, jointly and severally, compensatory damages in excess of ten thousand dollars 2. That the Plaintiff have and recover of each Defendant punitive damages in the amount of two hundred and ?fty thousand or three times compensatory damages, whichever is greater; 3. That the costs of this action, including reasonable deposition fees and expert fees, if applicable, be taxed to the Defendants; 4. That all matters raised herein be tried by a jury; and 5. For such other and further relief as this Court deems just and proper. #5 This the 39 day of April, 2015. HOWARD, STALLINGS, FROM, HUTSON, ATKINS, ANGELL DAVIS, P.A., Robert H. essup (State Dar No.: 42945) Post Of?ce Box 12347 Raleigh, North Carolina 27605 Telephone: (919) 821-7700 Facsimile: (919) 821-7703 Attorneys for Plaintiff HOWARD, STALLINGS, FROM, HUTSON, ATKINS, ANGELL DAVIS P.A. Attorneys at Law Raleigh, North Carolina 14