$3 million wrongful death suit filed in NE Bend killing
The mother of a Bend man who was shot and killed in his northeast Bend home in October has filed a wrongful death suit seeking more than $3 million from the estate of the gunman, who himself was shot and killed moments later by the victim’s roommate.
The lawsuit was filed Wednesday in Deschutes County Circuit Court by the lawyer for Suzanne Adams, representing the estate of Kyle Scott Adams, against the parents and representatives of the estate of Tyler Herrick.
It seeks economic damages up to $30,000 and non-economic damages in an amount to be determined at trial but not expected to exceed $3 million.
On Oct. 20, authorities said, Herrick, 31, who lived next-door to the Northeast Sierra Drive home Adams shared with Brennan Pebbles, went to their home and entered the bedroom where Adams was sleeping.
Adams demanded Herrick leave, and he left the house, investigators said. Adams then texted Pebbles, his roommate, about what happened, and Pebbles returned home.
The two roommates were in their living room, discussing what happened, when Herrick went to the front yard of their home with an AR-15 rifle and fired several shots through the front window, at least one of which struck Adams, who later died of his wounds, authorities said.
District Attorney John Hummel said Pebbles fled and ran upstairs, grabbed his 9 mm handgun and hid in the bathroom of the master bedroom.
Hummel said Herrick fired several shots at the front door, went inside and “methodically hunted Pebbles down in a room-to-room search. When Herrick entered the master bedroom, Pebbles shot and killed him.”
The DA said no charges were expected to be filed, as all evidence points to self-defense on the part of Pebbles.
The wrongful death lawsuit claims Herrick was negligent in one or more ways, including “consuming intoxicants and/or controlled substances” before the shooting, as well as “failing to keep his firearm and ammunition secured” while consuming alcohol or drugs – and as a result, Herrick “negligently, recklessly or intentionally” shot Adams.
The lawsuit also claimed Adams “suffered fear in the moments leading up to and at the time of his death,” as well as “death, pain and suffering.” It said his parents “have been deprived of his society, companionship and services,” and thus are entitled to non-economic damages in the amount determined at trial “but not expected to exceed” $3 million, as well as $30,000 in economic damages, other costs and interest at 9 percent a year until the judgment is fully paid.
Hummel said recently he had yet to receive the results of toxicology tests on Herrick from the Oregon State Police Crime Lab. He noted the case has a lower priority than criminal matters in which a suspect is facing charges.