From [HERE] and [HERE] Lynchburg, VA - A settlement in the wrongful death lawsuit against several Lynchburg Police Officers in the 2006 death of Clarence Beard, Jr. has been reached.
Beard, 46, died of heart failure while restrained in police custody outside his home at the James Crossing apartments on the morning of Sept. 24, 2006.
In 2008, his sister, Mary Beard Peterson, filed a $12.5 million lawsuit against seven Lynchburg police officers involved in the incident. The lawsuit named seven Lynchburg police officers. It alleged gross negligence, assault and battery and false arrest. The case was set to go to trial Tuesday, but the Lynchburg Circuit Court clerk's office confirmed that a settlement had been reached outside of court Monday.
According to an investigation report produced by Commonwealth’s Attorney Michael Doucette, police officers Michael B. Eagle and Michael A. Huntsman came to Beard’s apartment that morning looking to arrest a woman on outstanding warrants. The report states that Beard let the officers in to search, but that he later tried to stop Eagle from searching the bedroom area. Doucette’s report noted that Beard put his forearm across Eagle’s chest, assaulting the officer. The lawsuit claims Beard was withdrawing his consent to the warrantless search. Apparently, the police did not find anything incriminating from the search.
A fight between Beard and the officers ensued, continuing through the apartment, both accounts note. Beard was hog tied with the help of backup officers and was taken outside the apartment where he was laid face down on the ground. The lawsuit claims police ignored pleas by bystanders for several minutes that Beard had stopped breathing, although the prosecutor’s report notes dashboard cameras show policemen tried to revive him.
The family says police mistreated the 46-year-old Beard and could have done more to save his life. Beard died while handcuffed outside his apartment.
Lynchburg area civil rights groups call news of Monday's settlement- a victory for justice.
Beard’s autopsy report stated that heart disease was a contributing factor. The lawsuit claims the heart attack was brought on by fighting the police while resisting an unlawful arrest.
The police officers were not charged criminally with any wrongdoing.
Even though all the officers were cleared of any criminal wrongdoing, some say the city's payout proves they were at fault.
"They should be punished and if any of them who participated that night are still on the force, they should be summarily dismissed. Lynchburg can do better than that," Lynchburg Civil Rights Leader Garnell Stamps said.