SPRINGFIELD, Mo. — The brother of a woman who was killed after a police chase and officer-involved shooting in September 2022 is suing multiple officers and municipalities.

Sebastian Wells has filed a lawsuit against Christian County Sheriff Brad Cole and a deputy, the city of Ozark and two officers, and the city of Nixa and one officer.

Wells is the brother of Donna Bailey, who was the passenger in the police chase and was shot and killed along with the driver, Timothy Shafer.

The lawsuit alleges that the car was on its side after the police pursuit and Shafer stood upright and put his head through the driver’s side window. Bailey was located on the ground against the front passenger’s door.

Law enforcement advanced and commanded Shafer to “put your hands up, empty.” A police officer stated that Shafer had a gun, which resulted in the deputy taking a shot at Shafer.

The lawsuit states that 50 rounds were fired by law enforcement, per the inventory report.

The lawsuit says the “defendants individually and in concert with one another intentionally, willfully, maliciously, and while acting under the color of State law showed a deliberate indifference to the life of Ms. Bailey by use of excessive force in killing her while she was trapped in an overturned vehicle completely surrounded by law enforcement including but not limited to City of Nixa, Missouri, City of Ozark, Missouri and the Christian County Sheriff’s Office.”

Lawsuit filed in Western District of Missouri

The lawsuit is seeking in excess of $75,000 in the wrongful death lawsuit.