Family Seeks Supreme Court Review of Shooting Case

Young County Commissioners voted unanimously on April 14 to follow the legal strategy recommended by the County’s attorneys in a federal excessive force lawsuit stemming from the 2021 fatal shooting of a Young County man by a sheriff ’s deputy during a welfare check.

The vote came after a closed-door executive session with legal counsel following the commissioners’ regular meeting. The case, Winder v. Gallardo, has already been decided in favor of the county at both the trial and appellate levels.

The lawsuit was filed by the family of Stephen Wayne Winder, who was shot and killed by Deputy Joshua Gallardo after Winder’s wife, away at National Guard training, called for a welfare check. Mr. Winder had sent her photos of himself holding a gun to his head and stating that he could not “bear it anymore,” the Fifth U.S. Circuit Court of Appeals wrote in its 2024 opinion affirming the district court’s dismissal of the case.

When deputies arrived, Mr. Winder was intoxicated and armed, according to the Fifth Circuit Court of Appeals ruling. Deputy Gallardo, who was standing outside the home, fatally shot Mr. Winder after reportedly seeing him approaching the door with a gun.

The family alleged excessive force, unlawful entry, and violations of the Americans with Disabilities Act. The Fifth Circuit Court of Appeals ruled last year that the deputy’s actions were protected by qualified immunity and that exigent circumstances—Winder’s suicidality and access to a firearm—justified both the warrantless entry and the use of force.

The Winder family has notified the County of its intent to seek a hearing before the U.S. Supreme Court.

“The odds that the Supreme Court will hear the case are statistically very small,” Graham said after the vote.

The lawsuit named Gallardo, Young County Sheriff Travis Babcock, and the County as defendants. It has drawn attention due to the complex questions it raises about law enforcement’s role in responding to mental health crises.