The parents of a Bear man who was fatally shot after stealing a police
cruiser last year filed a lawsuit in federal court Monday against
Wilmington police, alleging officers used excessive force against their
son.The city of Wilmington and the state Attorney General's Office
cleared the three officers involved of any wrongdoing in separate
investigations, and they have since returned to duty. The officers have
not been identified. Charles Brittingham, state NAACP president,
accompanied Smith's family to U.S. District Court in Wilmington.
Attorneys for the Smiths said the police department will be served with
the lawsuit today. [more 
] Pictured above: Harry Smith Jr. and his son, far right.
- The incident began after Harry Smith Jr. drove his
son to the hospital - his second visit in a week - for psychiatric
treatment. While he was waiting to be seen by the doctor, Mr. Smith
obtained a surgical scalpel and began to puncture himself with it. He
left the emergency room of the hospital and commandeered a police
cruiser. The police cruiser had been left attended with the motor
operating. Afterwards the Wilmington Police Dept pursued Mr. Smith. As
the officers were in pursuit they were shooting at him as they gave
chase through the inner city residential neighborhood. When Mr. Smith
was in a staged roadblock approximately ½ mile from the initial
encounter, he stopped the police cruiser. However, witnesses claim that
even though Mr. Smith stopped the cruiser the police kept shooting at
him without giving him a chance to surrender. There were some 37
casings found at the scene. Mr. Smith didn't have a chance to give
himself up after he stopped the police cruiser he commandeered. Mr.
Smith was pronounced dead at the scene from nine fatal shots to the
back of the head. [more ]