SPOKANE, Wash. (AP) — The wife of a Spokane County man killed by his neighbor is suing Spokane County, alleging a sheriff’s deputy’s negligence allowed the killing to happen.

The lawsuit filed in March in Spokane County Superior Court says David Cholewinski, Benjamin Grosser’s neighbor, pointed a gun at several of Grosser’s employees following a road rage incident in May 2019, The Spokesman-Review reported.

A sheriff’s deputy, having probable cause to arrest Cholewinski for assault, left after enraging him further by warning that his guns could be taken away, according to the lawsuit.

Cholewinski then shot and killed 29-year-old Grosser, walked to his property and killed himself, deputies said.

The lawsuit’s narrative differs from initial descriptions from the Spokane County Sheriff’s Office. The county will not comment on pending litigation, said Mark Gregory, spokesperson for the Spokane County Sheriff’s Office.

In May 2019, Gregory said a deputy responded to the property and Cholewinksi was cited for unlawful display of a firearm, a gross misdemeanor. Gregory described Cholewinski and Grosser as being involved in an ongoing feud.


Meaghan Driscoll, an attorney representing Benjamin’s widow, Makayla Grosser, said the description of Cholewinski having a gun out but not pointed at people is, “directly contrary to witness statements taken by Spokane county sheriff’s office after the shooting.”

Driscoll said Cholewinski might have disliked Benjamin Grosser, but her office’s investigation has found no evidence of a feud.

The lawsuit seeks damages for Makalya Grosser and her two children.