Saturday, March 20, 1999
Suit over shooting to go forward
Judge won't dismiss action against police
BY BEN L. KAUFMAN
The Cincinnati Enquirer
Citing evidence of excessive force and “serious doubts about the adequacy of police training,” a federal judge Friday refused to dismiss a lawsuit brought by the family of an Avondale man shot to death by Cincinnati Police Officer Douglas Depodesta.
The case involves the 1997 shooting of Lorenzo Collins, an escaped psychiatric patient who refused to drop a brick after 15 armed officers surrounded him in a Corryville yard. His death ignited protests by African-American groups and advocates for the mentally ill.
While independent investigations cleared the police officers of wrongdoing, the shooting prompted a Justice Department mediator to work with groups that recommended a watchdog panel. The controversy helped to galvanize city council's creation in January of a civilian group to investigate future allegations of police misconduct and to make public recommendations.
On Friday, U.S. District Judge Susan J. Dlott said she'd leave it to a jury to decide:
• Whether Officer Depodesta violated Mr. Collins' 4th Amendment right to be free from unreasonable seizure when he killed him.
Judge Dlott said there is credible, conflicting evidence that Officer Depodesta used excessive force in seizing the runaway theft suspect.
• If Officer Depodesta used excessive force, did that reflect a deliberate indifference on the part of Cincinnati to training police to cope with the mentally ill?
Judge Dlott said the “testimony of the 10 city officers at the scene when Collins was shot raises serious doubts about the adequacy of police training.”
Trial is set for May 3. Mr. Collins' family is seeking unspecified compensatory and punitive damages.
“We are eager to have a jury hear this,” family attorney Robert Newman said Friday. He called the killing “one more signal that Cincinnati still doesn't train its cops to deal with the mentally ill without getting themselves hurt.”
Mark Yurick, the assistant city solicitor handling the case, could not be reached. But Fraternal Order of Police President Keith Fangman said seven independent investigations have cleared Officer Depodesta.
“Officer Depodesta welcomes the opportunity to tell his side of the story based on the facts of the case,” Officer Fangman said.
Some facts were not contested:
Springdale police arrested Mr. Collins for theft on Feb. 22, 1997, and took him to University Hospital because he heard voices, removed his clothes and curled in a fetal position on the floor.
Mr. Collins, 25, who had a history of mental problems, walked out the next day and a University of Cincinnati officer spotted him.
Four UC officers and 10 Cincinnati police chased and
cornered Mr. Collins nearby in the 200 block of East Rochelle.
Mr. Collins, more than 6 feet tall and 270 pounds, had a brick in his hand and screamed at officers to kill him.
Officers shouted at Mr. Collins to drop the brick and others sprayed him with chemical irritants.
At some point, Mr. Collins approached Officer Depodesta and UC Officer John Engel and both fired. Officer Depodesta's third bullet killed Mr. Collins.
The family sued both men and the city. The company insuring UC negotiated a confidential settlement and Officer Engel is no longer a defendant.
Officer Depodesta and the city asked Judge Dlott for pretrial summary judgment, saying Officer Depodesta was justified in using lethal force and city training was adequate.
Friday, Judge Dlott said summary judgment was inappropriate because of the many unresolved questions.
Central to her uncertainty was conflicting evidence about Mr. Collins' demeanor and the timing and possible effect of the chemical irritant sprays.
One officer described Mr. Collins as frightened and confused but not angry. Another said Mr. Collins became agitated after being sprayed. A third said Mr. Collins held the brick in a threatening manner, but “one designed to keep officers away.” Two officers said Mr. Collins approached or charged police only after being sprayed.
Officers differed on Mr. Collins' moves toward Officers Depodesta and Engel. One said Mr. Collins' raised left arm might have been an attempt to block spray, but Officers Depodesta and Engel said they fired because Mr. Collins came at them and they feared he would harm them or others. Descriptions of Mr. Collins' approach ranged from walking, to walking quickly, to a “charge” or running.
Judge Dlott said another key question involved Officer Depodesta's final shot. It entered Mr. Collins' right upper rear shoulder and came out through his right nipple.
“This physical evidence does not necessarily suggest that Collins was shot in the back, but it does suggest that he was falling or turned away,” Judge Dlott said. If that were true, she said, Mr. Collins was no danger to anyone “and the police did not have the right to use deadly force.”
On the other hand, Judge Dlott said, there was another credible version of events, based on police depositions:
Mr. Collins was tall, heavy and hostile, threatening officers with a brick and seemingly undeterred by chemical irritant.
He had scaled fences to escape before, but he charged straight at police and Officer Depodesta fired three quick shots to defend himself.
If true, Judge Dlott said, Officer Depodesta's use of deadly force was acceptable and he was entitled to immunity from Collins family claims.
Tanya Bricking contributed to this report.
Mason team shows what girls can be
Mason goes north, nuts
Man fatally shot by police
Suit over shooting to go forward
Downtown parking rates going up; no end in sight
Space for car to cost more
Amazon comes to aquarium
Cincinnati schools' year may get longer
Police report new evidence in '97 death of UC student
Taft firm on budget priorities
CSO warms up here for Carnegie Hall
'Sleeping Beauty' benefits from a bit of editing
Spring gets a sunny jump out of starting gate today
Early brain function stressed
Health event kicks off; women urged to cop attitudes
Jury clears man of Pleasant Ridge attack
Lucas raps both parties on budget
Marshal's honor lacks descendants
Merger worries Boone Co. police
New law on murder has judge confused
TRISTATE DIGEST
