UPDATE: Attorney Patrick Halliday says the family and estate of Kayla Fannon have filed the lawsuit to find answers. They want to know why nothing was done when Fannon called police and told them about threats from David Jenkins the night before she was murdered. Halliday says the city of Peoria and Officer Joseph Harris will be served within the week and have one month to respond.
A Wrongful Death lawsuit was filed in Peoria County civil court Tuesday on behalf of Kayla Fannon’s estate.
Police said Fannon was killed on Valentine’s Day when her ex-boyfriend, David Jenkins, came into her home and shot her, then himself.
The night before, Fannon had called police about threatening text messages from Jenkins, including one photo where he appeared to be holding a handgun. Police said his full face wasn’t visible in the photo. Fannon and Jenkins had once been in a relationship. Fannon took out an order of protection against Jenkins, but it expired in 2017. Police said an officer could not find the order prohibiting contact in a database that night.
The lawsuit filed by Marni Jo Rora lists the plaintiffs as the City of Peoria and a police officer named Joseph Harris. The case asks for a minimum of $50,000 in damages. The suit mentions that Fannon leaves behind four children, the youngest being a mone month old daughter.
The suit claims officer Harris had “probable cause for the arrest of David Jenkins,” the night before Fannon’s killing. The document also accuses Harris of failing to provide Fannon transportation to a safe place and accuses him of not using all “reasonable means to prevent further abuse,” among numerous other accusations.
This story will be updated.