He was just like cussing, saying things that I had never heard him say, just really, really angry and erratic.” She told him he needed to go to the hospital to get help or she would call the police. “e just was crazy.” Tyree said he was waiting for their mother, who was very ill, “to come home from the hospital.” Given their mother’s poor health, it “was just absurd for him to even think that.” Lisa described her brother as follows: “His hair was crazy wild. Tyree was there, sitting in a chair, outside. just crazy behavior.” She said, “I’ve never seen him do that.” She did not “know what was wrong with him.” She tried to talk to him because “he wasn’t in his right mind” but “very time someone tried to approach him and talk to him about getting help, it just - it just made it worse.” During this period, Tyree’s behavior kept “escalating.” On Saturday, February 9, 2019, Lisa went to her mother’s house.

He was all over the place with his texts and his conversations. She said she had “never seen him act the way he did” during this time. She saw him and spoke with him “just about every day.” She described her brother as “the most caring, giving person that you could ever meet.” About four to five days before the police were called, she observed a dramatic change in her brother’s behavior. Lisa Tyree, Jeffrey Tyree’s sister, whom we will refer to as Lisa for the sake of clarity, was “extremely close” to her brother. Applying the adverse party witness rule, the estate is bound by this uncontradicted evidence. The plaintiffs’ own uncontradicted evidence established that Detective Colas was justified in firing the shot. Colas asserts that the shot was justified because Tyree, who had experienced a mental breakdown, had been tackled by another officer, had fallen to the ground, had picked up a knife, and was holding the knife in the air in close proximity to an officer who was lying on the ground next to Tyree. Colas appeals from this decision, arguing that his motion to strike should have been granted because, when he fired the fatal shot, he was acting in defense of another. A jury found that Colas was liable for battery and awarded damages to Tyree’s estate. Duffan, Judge Bradley Colas, a police officer, shot and killed Jeffrey Tyree. FROM THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH Kevin M. 211226 LISA TYREE, AS CO-ADMINISTRATOR OF THE ESTATE OF JEFFREY TYREE, DECEASED, ET AL. PRESENT: All the Justices BRADLEY COLAS, ET AL.

Wait and See by Virginia Bradley