Cop Sues Family of Man He Killed
Last December, Officer Robert Railmo fatally shot 19 year old Quintonio LeGrier and 55 year old Bettie Jones during a morning domestic disturbance call. Now Officer Railmo is filing a $10 million counter lawsuit against the surving family of LeGrier claiming that the deceased cause him emotional trauma.
Officer Railmo and his partner arrived at LeGrier's house after his father called the police telling them that LeGrier was walking around with a metal baseball bat and acting erratically. He also told them that LeGrier had recently developed mental health problems.
Soon after the officers arrive to the scene LeGrier and Jones, a neighbor, were dead. One of the bullets shot at LeGrier went through his arm and hit Jones in her chest. The city has stated that the fatal shooting was an accident, but the investigation about the deaths is ongoing. LeGrier's mother said that when she visited her son in the hospital before he passed, she noticed that he had seven bullet holes in him.
In the personal injury lawsuit brought by the LeGrier family, they say that Officer Railmo fired his gun from the street while LeGrier was still inside the house. In the counter claim, Officer Railmo says that he opened fire after LeGrier followed him out of the house and swung the bat at him. Fearing for his life, he shot at LeGrier 7-8 times in 2.5 seconds.
Officer Railmo and his partner arrived at LeGrier's house after his father called the police telling them that LeGrier was walking around with a metal baseball bat and acting erratically. He also told them that LeGrier had recently developed mental health problems.
Soon after the officers arrive to the scene LeGrier and Jones, a neighbor, were dead. One of the bullets shot at LeGrier went through his arm and hit Jones in her chest. The city has stated that the fatal shooting was an accident, but the investigation about the deaths is ongoing. LeGrier's mother said that when she visited her son in the hospital before he passed, she noticed that he had seven bullet holes in him.In the personal injury lawsuit brought by the LeGrier family, they say that Officer Railmo fired his gun from the street while LeGrier was still inside the house. In the counter claim, Officer Railmo says that he opened fire after LeGrier followed him out of the house and swung the bat at him. Fearing for his life, he shot at LeGrier 7-8 times in 2.5 seconds.
Officer Railmo's attorney said that the $10 million in exemplary damages was not meant as a warning against those who want to file lawsuits against police officers. He continued saying that the exemplary damages are appropriate because LeGrier tried to kill Officer Railmo.
Comments from Allen: I don't know which facts are true. However, it is not unusual for a defendant to file a counterclaim when he gets sued. Frankly, I don't like this counterclaim, aside from the legal difficulties the plaintiffs face in this case.
Having fired pistols myself, I believe the plaintiffs will have great difficulty proving that an officer shot and hit someone 7 times when firing 7-8 shots from the street. Pistols are most accurate at very close range, and they are very difficult to aim with any accuracy from the distance alleged by the plaintiff. Some officers are expert marksmen with a pistol; not many, though.
Secondly, the number of shots fired into the decedent is irrelevant. If the decedent was attacking the officer with a baseball bat, and was close enough to make contact with the officer within a couple of seconds, the officer was allowed to empty his clip into the attacker. The law concerning a police misconduct for using excessive force respects the officers' ability to protect themselves: they don't have to use the least-deadly weapon at their disposal (pepper spray or taser as opposed to a pistol); they don't have to wait until the last instant to shoot; they don't have to try to wound, as opposed to kill, an assailant; they can continue to fire until the assailant stops moving.
The entire key to this scenario is the distance between the officer and the assailant at the time the officer decided to defend himself with force.
On to the police officer's counterclaim that the decedent swung a bat at him for 1-2 seconds and that caused him $10 worth of emotional trauma. The strength of this claim is that, if these facts are true, the decedent's estate might be liable for causing emotional trauma. $10,000,000 for emotional distress, when there was no physical impact between the plaintiff and defendant? I believe the jury will be looking at a range closer to $10 or even $1, if they find for him at all.
Just because you can, in theory, sue someone or countersue someone, does not mean you should. In this instance, the police officer runs a high risk of having the jury adjudge him to be a jerk if he sues the estate of a man he killed for swinging a bat at him. If this counterclaim actually makes it to a jury, I would love to listen to the jurors discussing their thoughts about the police officer having the nerve to sue the guy he'd shot dead, and whether to award one dollar to him for having a bat swung near his head.
http://www.buzzfeed.com/nicolasmedinamora/chicago-cop-sues-family-of-19-year-old-man-he-killed-last-ye#.du5zOyjwK
http://www.buzzfeed.com/tasneemnashrulla/police-involved-shooting-in-chicago-leaves-two-dead#.woXXX78ML
http://www.courthousenews.com/2016/02/08/officer-sues-estate-of-teen-he-gunned-down.htm
Having fired pistols myself, I believe the plaintiffs will have great difficulty proving that an officer shot and hit someone 7 times when firing 7-8 shots from the street. Pistols are most accurate at very close range, and they are very difficult to aim with any accuracy from the distance alleged by the plaintiff. Some officers are expert marksmen with a pistol; not many, though.
Secondly, the number of shots fired into the decedent is irrelevant. If the decedent was attacking the officer with a baseball bat, and was close enough to make contact with the officer within a couple of seconds, the officer was allowed to empty his clip into the attacker. The law concerning a police misconduct for using excessive force respects the officers' ability to protect themselves: they don't have to use the least-deadly weapon at their disposal (pepper spray or taser as opposed to a pistol); they don't have to wait until the last instant to shoot; they don't have to try to wound, as opposed to kill, an assailant; they can continue to fire until the assailant stops moving.
The entire key to this scenario is the distance between the officer and the assailant at the time the officer decided to defend himself with force.
On to the police officer's counterclaim that the decedent swung a bat at him for 1-2 seconds and that caused him $10 worth of emotional trauma. The strength of this claim is that, if these facts are true, the decedent's estate might be liable for causing emotional trauma. $10,000,000 for emotional distress, when there was no physical impact between the plaintiff and defendant? I believe the jury will be looking at a range closer to $10 or even $1, if they find for him at all.
Just because you can, in theory, sue someone or countersue someone, does not mean you should. In this instance, the police officer runs a high risk of having the jury adjudge him to be a jerk if he sues the estate of a man he killed for swinging a bat at him. If this counterclaim actually makes it to a jury, I would love to listen to the jurors discussing their thoughts about the police officer having the nerve to sue the guy he'd shot dead, and whether to award one dollar to him for having a bat swung near his head.
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Allen Browning is an attorney in Idaho Falls, Idaho who handles personal injury and criminal defense. He has over 30 years of experience and handled thousands of cases. Allen handles cases from all over Idaho. Call (208) 542-2700 to set up a free consultation if you are facing legal trouble or you have been involved in an accident.
Also, check out browninglaw.net for more information about Allen and Browning Law.
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Sources for more information:http://www.buzzfeed.com/nicolasmedinamora/chicago-cop-sues-family-of-19-year-old-man-he-killed-last-ye#.du5zOyjwK
http://www.buzzfeed.com/tasneemnashrulla/police-involved-shooting-in-chicago-leaves-two-dead#.woXXX78ML
http://www.courthousenews.com/2016/02/08/officer-sues-estate-of-teen-he-gunned-down.htm
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