imported post
There are many stories of self-defense using lethal force, some of which have very negative outcomes for the defender.
How about the use of lethal force by a LEO to protect him/herself during an arrest? Some of these can have very negative outcomes for the LEO. There is one pending the outcome of litigation now in Newport News. The Commonwealth's Attorney had already ruled the officer acted justifiably.
http://www.dailypress.com/news/dp-local_harpersuit_1023oct23,0,5484452.story
Settlement talks begin in death of man shot during 2007 arrest The mother of Robert L. Harper filed a $15 million lawsuit against Newport News, the police chief and officers.
By Peter Dujardin |247-4749 October 23, 2008 NORFOLK - Attorneys for the city of
Newport News began settlement talks Wednesday with lawyers representing the mother of a Newport News man killed in a confrontation with police in early 2007.
But the discussion, which lasted about two hours, didn't lead to an agreement to end the mother's $15 million lawsuit against the city, the police chief, the officer who fired the fatal shots and other officers.
The family of Robert L. Harper — who was shot eight times during an arrest — filed the suit in U.S. District Court in
Norfolk this year. The suit contends that police were wrong to shoot Harper — who the suit says was unarmed — and that the Police Department failed to adequately train its officers.
The city counters Harper, 38, was acting in a threatening manner, he refused to take his hand out of his right pocket and that he lunged at police trying to arrest him.
Commonwealth's Attorney Howard Gwynn, in an in-depth review after the shooting, found the shooting justified and declined to press charges. City officials also said Matthew Overton — the officer who shot Harper — didn't violate any city policy.
Police went to arrest Harper at a house on 25th Street, near Chestnut Avenue in the city's southeast, about 9:20 p.m. Feb. 18, 2007. They were taking him into custody after his jail bond was revoked after repeated traffic charges.
A five-day trial was scheduled to begin in the civil suit Wednesday, but that was delayed because of another case. In the meantime, the two sides sat down. "I am hoping that something can be worked out," U.S. District Judge Jerome B. Friedman said before the sides met.
The settlement talks began a few hours after Friedman denied a motion by Overton's attorney to throw out the case in a summary judgment. Friedman then heard a similar motion from the city and the Police Department. The judge said he would take the city's motion "under advisement" and make a ruling later.
Robert Harper's mother, Shirl D. Barkley; Police Chief James Fox; and Overton attended the discussion, as did attorneys for the various parties.
Adam H. Lotkin, a Virginia Beach attorney for Barkley, said that his side was open to a settlement but that "we'll be prepared (for trial) in the event it's not. ... There are facts in dispute, it's a hotly contested case and a life is gone."
By late afternoon, Allen L. Jackson, of the city attorney's office, said the talks "did not produce a settlement."
"Neither did the talks break down completely," he said, adding that talks could still resume again. In the meantime, he said, a new trial date will be set.
The suit argues that Harper was unarmed, that Overton wasn't justified in shooting him and that other officers should have intervened to stop him from shooting. The suit also asserts that there were nonlethal options available at the scene, including a shotgun that shoots beanbags. But another officer left the scene with that gun before Harper was shot.
According to Gwynn's report that cleared officers, a bail enforcement officer who was unsuccessful at taking Harper into custody had told police — based on what she was told by a woman in the apartment — that Harper might have a box cutter.
Harper's former girlfriend said Harper was "sad and depressed," and the bail enforcement officer said he appeared "agitated" when she was trying to arrest him.
Gwynn's report describes an increasingly tense scene as officers tried to get Harper to comply with their orders.
Officers tried to persuade Harper to come with them, but he refused and kept a hand hidden in a pocket, the report said.
During a conversation with Harper, Gwynn's report said, Harper led officers to think that he might have had a gun.
When Harper made a sudden "lunge" forward, the report said, Overton fired nine shots, reloaded and fired two more, saying he needed to keep firing because Harper kept moving. Harper was struck eight times.
No box cutter or gun was found on him.
Key dates Feb. 18, 2007:[/i] Robert L. Harper, 38, of Newport News is shot eight times during a confrontation over an arrest in a house on 25th Street.
June 25: [/i]Commonwealth's Attorney Howard Gwynn concludes that Harper's shooting was a justified use of force and declines to press charges.
Feb. 13, 2008:[/i] Harper's mother files a $15 million federal lawsuit against the city of Newport News, the Police Department, the police chief and officers at the scene.
Wednesday: [/i]A trial is set to begin in the lawsuit. Instead, the two sides meet to hammer out a settlement. No agreement has been reached.