Sacramento settles lawsuit over police firing non-lethal rounds at nude, unarmed man

Sacramento city officials have agreed to pay $90,000 to settle a lawsuit filed by a man who claimed police shot him with rubber bullets and bean bags, then had a K-9 police dog attack him as he stood nude and unarmed with his hands in the air outside a Del Paso Heights home.

The settlement agreement with Keith Aaron Kelly, 31, stems from an Oct. 10, 2020, standoff with police that began after officers were responding to reports of shots being fired outside a Congress Avenue home, police documents say.

Officers arrived at about 3:30 p.m. and evacuated nearby homes, then determined Kelly was inside the home and ordered him out numerous times, police documents posted on the city’s website say.

“Kelly eventually exited from the east side of the home completely nude while holding a cellphone in his hand,” the documents say, adding that Kelly “began to yell about religious beliefs” and went back into the home as crisis negotiations continued.

Police heard three gunshots inside the home, and later Kelly came out of the house “completely nude, holding a silver and black firearm in his right hand and a cellphone in his left hand,” the documents say.

Police say Kelly “appeared to be talking to someone on the phone and began to use his phone to broadcast to social media about his whereabouts.”

“Kelly held the firearm down to his side while yelling about government conspiracies and religious beliefs,” the police documents say. “Due to his slurred words, erratic behavior, and incorporative attitude, it appeared that (Kelly) was under the influence of a narcotic.

“(Kelly) continued to brandish the firearm in front of no less than 10 officers on scene. During this scene (Kelly) raised the firearm in which the barrel of the firearm pointed towards no less than 4 officers on scene.”

Kelly then dropped the firearm, and his lawsuit says he was “completely nude, unarmed, and did not pose an immediate threat to any officer on the scene, as his hands were raised in the air in a surrender posture.”

“Plaintiff began walking down the home’s driveway and stopped approximately 25-30 feet in front of officers with his hands still raised in the air,” the suit says. “Without legal cause or just provocation, the Officers on the scene shot rubber bullets and beanbags at Plaintiff, causing him to collapse to the ground.

“Further, without legal justification, while plaintiff laid helpless on the ground, the officers released a police K-9 that (viciously) attacked and mauled plaintiff for an excess of 20-30 seconds before an officer finally called off the K-9.”

Police documents say Kelly was a felon who was found to be in possession of at least two firearms and $10,150 in cash following his arrest.

Kelly sued in federal court in 2021, alleging excessive force, battery and other claims. His attorneys did not respond to a request for comment.

But documents provided to The Sacramento Bee by city officials show both sides agreed to the settlement on Jan. 19 with no admission of liability.