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The family of Menlo Park resident Ashley Kilkelly is suing the city for wrongful death and negligence, claiming police officers failed to properly conduct a welfare check at her apartment.
Kilkelly’s parents, Diana and David Bauer, filed a complaint alleging that Kilkelly was in medical distress on October 25 at 1 a.m. Her neighbor, a nurse, called the police asking for a welfare check after hearing the sounds of Kilkelly’s pain.
According to the complaint, an officer for the Menlo Park Police Department tried the doorknob to Kilkelly’s apartment and found it unlocked but did not enter. Kilkelly was found dead in her apartment the next day.
According to the Menlo Park Police Department, they “respond to every welfare check differently, based on the facts and any observations available to (the department) at the time of the call.”
“Our hearts go out to the family of Ms. Kilkelly,” said Police Chief David Norris in a statement. “We have been served with this lawsuit and are aware of the allegations. We are working through counsel and the litigation process.”
The lawsuit calls out 25 unnamed defendants, including the officer who went to Kilkelly’s apartment, and the city of Menlo Park. It alleges that the city and other defendants “proximately caused the death of (Kilkelly) … as a result of their negligent conduct and/or negligent failure to act.”
The City of Menlo Park has not yet responded to a request for comment.
