$242,000 Award Ordered by Jury In DC Police Killing of Black Man
Thursday, December 9, 2004 at 08:33PM
TheSpook
A federal jury has ordered the D.C. government to pay about
$242,000 to the family of a man who was killed in March 2002 by an
off-duty D.C. police officer. The jury found that Officer Marcus Gaines
was negligent in the steps leading to the shooting of Brian Hundley,
41, in a Northwest Washington parking lot. But it rejected the family's
bid for more damages, finding that Gaines did not abuse Hundley,
violate his civil rights or inflict emotional distress upon him when he
killed him with a single gunshot to the chest. Hundley, a dental
student, was unarmed when he was shot in the 600 block of N Street NW.
His family filed suit in U.S. District Court two weeks after the
shooting. This was the second time the case went to trial; the first
trial ended with a hung jury. According to evidence presented at the
retrial, Gaines was walking from the parking lot to his apartment with
his brother about 1:30 a.m. March 23, 2002, when he came upon a car
with Hundley and a woman inside. The car backed up quickly into
Gaines's path, and Gaines yelled for the driver to be careful because
"you almost hit a law enforcement officer." The car started to move
toward him, Gaines testified, and he pulled his service revolver and
ordered Hundley to get out of the car. What happened next was the crux
of the trial. Gaines said Hundley got out of the car and put his hands
on the side of the vehicle, as ordered. But then, according to Gaines,
Hundley jerkily put one hand behind his back and lunged at him. Hundley
family attorneys said Gaines fabricated that threatening move to
justify the shooting. "It really defies logic," said Carl
Hundley, who brought the wrongful death suit on behalf of his late
brother. "They found the [traffic] stop was negligent, they found my
brother didn't threaten the officer. One is left to wonder if they are
just deciding his life had no value." [more]
Article originally appeared on (http://brownwatch.com/).
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