Credit: WANDERLUST CREATIVES
Credit: WANDERLUST CREATIVES
Ross’ family filed a lawsuit against Montgomery County Sheriff Rob Streck, in his official capacity, on Monday in Montgomery County Common Pleas Court. Three Montgomery County Sheriff’s Office deputies — Bryan Statzer, Justin O’Brien and Tori Renner — and Five Rivers MetroParks ranger Sam Hemingway are also included in the lawsuit.
“The reason we had to file a lawsuit is very simple. Montgomery county refuses to take responsibility for this special man,” said attorney Shean Williams. “That’s why we’re here. We’re here to hold them responsible for killing a father, an amazing husband, amazing son, business owner, someone this community is proud of.”
The Montgomery County Sheriff’s Office did not immediately return a request for comment regarding the lawsuit and its pursuit policy.
Ross’ family spoke alongside their legal team Monday outside the offices of Wright & Schulte in downtown Dayton. The Ross family is represented by Williams, of The Cochran Firm in Atlanta; Michael Wright and Benjamin Crump.
The Ross family’s attorneys assert that the sheriff’s office did not follow its own policies surrounding police pursuits, putting Colby in harm’s way.
Ross’ father, Skip Ross, said at Monday’s press conference that when he and relatives announced last summer that they would be looking into legal action against people involved in the death of his son, he was emotional. Now, he said he’s mostly angry.
Credit: Bryant Billing
Credit: Bryant Billing
“Colby was more to me than words,” he said. “I can’t even express it. He was my son, I loved him dearly. He was also the operations manager of my company. He was my business partner. It’s just inexcusable.”
The complaint alleges willful, wanton, reckless and negligent conduct and contends that the high rate of speed in the deputies' pursuit of the suspect violated Ohio law.
According to the lawsuit, on May 20, 2024, Statzer, O’Brien, Renner and Hemingway were involved in pursuing Hutchins.
The lawsuit says Hutchins first fled from a Butler Twp. officer in a construction zone in Butler Twp.
Officer Colton Streck reported that Hutchins was driving erratically and followed her car with his lights activated, but he later deactivated his emergency lights and siren “in hopes to calm the driver down from creating a crash,” the suit alleges.
She was later spotted by sheriff’s office deputies on Interstate 75.
During the second chase on the same day, police used a stop stick to deflate the tires of Hutchins’ vehicle as a police helicopter also flew overhead.
Hutchins’ car spun out of control, but she allegedly continued to flee police by driving through a red light on West Third Street. This is where Hutchins’ car struck Ross’ convertible.
Ross was ejected from his convertible, which also struck a nearby pickup truck from the impact of the collision with Hutchins’ SUV.
The lawsuit alleges that no immediate aid was rendered to Ross by the officers who were on the scene of the crash. Sheriff Streck at a May 2024 press conference said deputies provided aid and requested fire personnel and medics.
“As a direct and proximate result of the negligent, grossly negligent, willful, wanton, reckless, intentional, extreme, and outrageous actions and omissions of Defendants, Ross suffered terror and pain inflicted upon him, including severe personal injuries and extreme emotional distress, including pain and suffering and his death,” the lawsuit states.
Streck previously told news outlets that sheriff’s office policy allows pursuits in conjunction with air support because of the success in catching fleeing suspects who believe the pursuit is over and slow or abandon the car and run on foot.
Ross is survived by two children and his wife, Chenea. His wife said on Monday that Ross was a light and always wanted to help people around him.
“He was big on family, and that was the No. 1 thing that we were focused on building: legacy, not just for our kids, but this community,” she said. “And that’s what we’ll continue to do.”
His family is seeking compensatory damages in excess of $25,000 and punitive damages.
“Colby Ross' life matters, and that’s why we’re going to keep fighting until we get justice for Colby,” said Crump.
Hutchins is not included as a defendant in this lawsuit, but faces charges of involuntary manslaughter, aggravated vehicular homicide, operating a vehicle while under the influence and other counts in Montgomery County Common Pleas Court. Her trial is scheduled for this summer, and she was listed as an inmate at Montgomery County Jail as of Monday afternoon.
Montgomery County court records show Hutchins has a long history of lower-level criminal cases, involving theft, drug possession and traffic offenses.
Credit: Bryant Billing
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