Two troopers of the State police of Uniontown, Pennsylvania will have to pay $12.5 million in damages for the death of a 12-year-old boy at their hands after they shot him while he fled after crashing a stolen vehicle. The father of the Uniontown boy was awarded the damages in the jury trial that was presided over by U.S. District Judge Joy Flowers Conti in Pittsburgh.
This settlement brings to an end the appeal of a $28 million jury verdict handed out earlier this year in favour of Michael Hickenbottom, father of Michael Ellerbe, the boy killed in the shootout.
Earlier this year, a federal jury ruled that Trooper Samuel Nassan and Cpl. Juan Curry had used unnecessary violence against the boy as he ran away from them on Dec. 24, 2002, after crashing a stolen sport utility vehicle. The jury had then awarded $4 million in compensatory damages and $24 million in punitive damages against the troopers following which attorneys representing the two policemen appealed. This was the appeal that was settled this week.
The settlement is protected by a confidentiality agreement, barring anyone involved with the case from commenting on it.
Throughout the trial, both troopers have maintained that Ellerbe ran with his hand in his pocket and ignored repeated commands to show his hands and stop running. They further stated that during the course of the chase, Curry accidently fired his weapon. Hearing this, his partner says he mistook it to mean that a shot had been fired at Curry. Hence he fired a single round at Ellerbe. Three medical experts testified that Ellerbe was hit in the back.
For further details about the case read the article by Jennifer Harr on the Herald- Standard website.
This settlement brings to an end the appeal of a $28 million jury verdict handed out earlier this year in favour of Michael Hickenbottom, father of Michael Ellerbe, the boy killed in the shootout.
Earlier this year, a federal jury ruled that Trooper Samuel Nassan and Cpl. Juan Curry had used unnecessary violence against the boy as he ran away from them on Dec. 24, 2002, after crashing a stolen sport utility vehicle. The jury had then awarded $4 million in compensatory damages and $24 million in punitive damages against the troopers following which attorneys representing the two policemen appealed. This was the appeal that was settled this week.
The settlement is protected by a confidentiality agreement, barring anyone involved with the case from commenting on it.
Throughout the trial, both troopers have maintained that Ellerbe ran with his hand in his pocket and ignored repeated commands to show his hands and stop running. They further stated that during the course of the chase, Curry accidently fired his weapon. Hearing this, his partner says he mistook it to mean that a shot had been fired at Curry. Hence he fired a single round at Ellerbe. Three medical experts testified that Ellerbe was hit in the back.
For further details about the case read the article by Jennifer Harr on the Herald- Standard website.
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