Family of Gwinnett County man killed by police suing healthcare companies

GWINNETT COUNTY, Ga. - The family of a 23-year-old Gwinnett County man shot and killed by police in April say they will file a lawsuit against the healthcare company they claim failed to prevent their son from leaving its facility.

Darryll Fussell II was killed by officers on April 13 when they responded to a call about two men trespassing inside a medical office that was being renovated on River Park Drive.

According to the Georgia Bureau of Investigation, the officers found Fussell inside the building and tried to convince him to leave. Instead, authorities say Fussell grabbed a sharp tool and rushed at them, leading the officer to shoot.

"The building was being renovated, he wasn't supposed to be there," explained Nelly Miles, GBI spokesperson. "Instead of leaving, [Fussell] actually charged the officers with a sharp tool. And at that point a Riverdale police officer did shoot the man. He ended up getting taken to a local hospital where he died."

The GBI is investigating an officer-involved shooting in Riverdale on April 13, 2023. (FOX 5)

Fussell's family and their attorneys say that he had been diagnosed with schizophrenia and was committed for psychiatric treatment at Riverwood Behavior Health three days before after he admitted he was at risk of harming himself and others.

According to the family's complaint, Fussell was found nonresponsive at the center on April 12 and transported to the emergency room at Southern Regional Medical Center.   

"Riverwoods Behavioral Health failed to inform SMRC that Mr. Fussell was an involuntary psychiatric patient, potentially suicidal and homicidal, who was at risk for elopement," a spokesperson for the Cochran Firm said in a statement.

(Cochran Law Firm)

A day after he was moved to the non-secure area of Southern Regional Medical Center, Fussell was able to leave the hospital on his own. 

The complaint alleges that hospital security was never notified about Fussell's escape and a lockdown was never initiated. 

"Mr. and Mrs. Fussell drove to SRMC and looked for their son at the hospital and in the surrounding Riverdale area.  Several hours later, unbeknownst to the Fussells, their son wandered into a construction site, grabbed a hammer and began hitting himself in the head but then laid down peacefully," the attorneys said. It was there that Fussell was shot and killed.   

The lawsuit names Riverwoods Behavioral Health System of Atlanta, Southern Regional Medical Center, and other organizations, claiming negligence and malpractice. They are asking for punitive damages, compensation for economic loss, pain and suffering, and attorney fees.

In response to the lawsuit, Southern Regional Medical Center released the following statement:

"Our heartfelt thoughts and prayers are with the family impacted by this tragic event. The safety, health, and well-being of all patients is Southern Regional Medical Center’s top priority. Due to patient privacy laws and HIPAA, we are unable to discuss the care and treatment of a specific patient. Southern Regional Medical Center denies all allegations, and because this matter is now in litigation, we cannot make additional comments." – Souther Regional Medical Center