Man Dies After Being Dropped Off At ‘No Man's Land’ By Officer, Mother Suing For Negligence

A lawsuit has been filed against at least one Oklahoma City Police officer for negligence and failure to provide adequate medical care, after a 2021 incident.

In August 2021, Ernest Antwine died after being struck by oncoming traffic, just minutes after he was dropped off in what officers called “no man’s land”. The lawsuit states Antwine was on drugs and having a mental health crisis and there was a warrant out for his arrest, but the officer did not take him to a hospital or to jail.

Now Ernest’s mother, Shirley Antwine, is suing the officer, Robert Burton, that dropped him off in “no man’s land,” along with the driver, Robert Dunn, who was driving the car that hit and killed her son.

The lawsuit states: “On August 4 (2021), Ms. Antwine called 911 to report concerns about the behavior of her son, Mr. Antwine.” The lawsuit says that Ms. Antwine had called 911 for help with her son multiple times in the past.

“Ernest Antwine had a serious drug issue, he had serious mental health issues. Numerous times over the years, police were called to deal with him,” said Dr. Kevin Kemper, Ms. Antwine’s attorney.

“Over the years, he experienced numerous legal incidents and charges in and around the metropolitan Oklahoma City area,” the lawsuit says.

The suit states Mr. Antwine “used and abused PCP and other drugs and had been diagnosed with mental health disorders like schizophrenia” and the medical examiner report showed he was under the influence of PCP at the time of his death.

“Ernest was very upset and agitated, banging on the door, she knew he needed help,” said Dr. Kemper.

The lawsuit goes on to say, “Officer left Mr. Antwine's home with Mr. Antwine in custody and headed towards the corner of NE 10th and Sooner Road.” This is the area that Mr. Burton referred to it as “no man’s land,” according to the lawsuit.

“No man's land, which doesn't really fall into any jurisdiction,” said Dr. Kemper.

Dr. Kemper says at the time of the incident, there was an outstanding warrant for Antwine’s arrest, and they believe Antwine needed medical attention.

The lawsuit says, “Despite the outstanding arrest warrant, Mr. Burton removed Mr. Antwine from his patrol car at a vacant lot on the corner of NE 10th Street and Sooner Road and left so he (Mr. Burton) could go to a job interview.”

Just a few minutes after Antwine was dropped off, he walked into the street where he was hit and killed by an oncoming truck.

“There had been a history of police officers doing the right thing, but there's this incident leading to his death, that's very concerning to us,” said Dr. Kemper. “He just wasn't treated right which we believe violates his constitutional rights.”

According to the lawsuit, when Ms. Antwine was notified about her son’s death, she asked officers if he died at the Oklahoma County Detention Center. When officers told her what had happened, she asked “if those officers knew his condition, why did they leave him alone?”

“She trusted Oklahoma City Police Department when she called 911 and they really let her down,” said Dr. Kemper. “Just take the moment to make sure the guy’s okay, he was not okay that day.”

New details also show how officers had acted in previous calls for help when Antwine was having a mental health crisis or was under the influence of drugs.

“Dates where, okay- they took him to the hospital. Dates where, okay- they executed an outstanding arrest warrant. Then there's the date in question where officer Burton didn't do either,” said Dr. Kemper.

The city and Oklahoma City Police Department are being investigated by the Department of Justice for the way they handle mental health calls.

Dr. Kemper says he hopes Antwine's case sparks a change in the response to mental health calls.

Shirley Antwine originally sued the city and Oklahoma City Police Department, but they have both been taken off the lawsuit.