Post by WaTcHeR on Jan 31, 2007 18:52:52 GMT -5
PINEHURST, TEXAS – A federal judge in Beaumont approved a settlement agreement of $100,000 to be awarded to the three children of Joseph Dwayne Cole, who was fatally shot by a Pinehurst police officer in September 2004.
Each child will receive $15,963.45 to be placed into a trust until the child turns 18 years old, according to Blair Clarke, defense attorney for Calvert, Eaves, Clark and Stelly. The balance will go to attorney fees and expenses.
However, the judgment will not be fully executed until the plaintiff and attorneys sign the settlement release agreement, Clarke said.
The plaintiffs asked for $5 million in the wrongful death lawsuit against Officer Keith Reneau, Police Chief Dan Robertson and the city of Pinehurst.
“An order of dismissal was entered and Reneau and Robertson were dismissed from the case,” Clarke said. “When a final judgment is entered all the remaining parties in the settlement will be resolved.”
The lawsuit alleges Reneau violated Cole’s constitutional rights by recklessly and maliciously using deadly force without just cause on Sept. 20, 2004.
That night a 911 caller said Cole was slashing himself with a razor. An ambulance was requested, but it is customary for an officer to secure the scene before an EMT can enter a possibly dangerous situation.
According to the lawsuit filed in the United States District Court for the Eastern District of Texas, the officer entered the home after being instructed to wait outside to avoid any escalation of a dangerous situation. Cole confirmed he wanted an ambulance to treat his wounds rather than an officer. However, Reneau entered the home and ended up shooting Cole.
The complaint states the city of Pinehurst was negligent for poor training and supervision of its personnel and allowed or permitted improper use of excessive deadly force. It also states the city allowed an “unwritten” but otherwise official policy concerning the wrongful use of deadly force.
In the complaint, it was said Robertson knew of past inappropriate conduct and he failed to remedy the situation. Also Robertson failed to train Reneau in the use of deadly force and actively participated in public attempts to justify the actions of Reneau without proper and sufficient investigation.
However, the investigation was taken to outside experts, which include a homicide investigation team, the Texas Rangers and the district attorney’s investigators. The results were taken to an Orange County grand jury where “no fault” was found with the agency.
Attempts to reach plaintiff attorney Barry Bennett for comment were unsuccessful.
www.orangeleader.com/news/local_story_027014445.html?keyword=topstory
Each child will receive $15,963.45 to be placed into a trust until the child turns 18 years old, according to Blair Clarke, defense attorney for Calvert, Eaves, Clark and Stelly. The balance will go to attorney fees and expenses.
However, the judgment will not be fully executed until the plaintiff and attorneys sign the settlement release agreement, Clarke said.
The plaintiffs asked for $5 million in the wrongful death lawsuit against Officer Keith Reneau, Police Chief Dan Robertson and the city of Pinehurst.
“An order of dismissal was entered and Reneau and Robertson were dismissed from the case,” Clarke said. “When a final judgment is entered all the remaining parties in the settlement will be resolved.”
The lawsuit alleges Reneau violated Cole’s constitutional rights by recklessly and maliciously using deadly force without just cause on Sept. 20, 2004.
That night a 911 caller said Cole was slashing himself with a razor. An ambulance was requested, but it is customary for an officer to secure the scene before an EMT can enter a possibly dangerous situation.
According to the lawsuit filed in the United States District Court for the Eastern District of Texas, the officer entered the home after being instructed to wait outside to avoid any escalation of a dangerous situation. Cole confirmed he wanted an ambulance to treat his wounds rather than an officer. However, Reneau entered the home and ended up shooting Cole.
The complaint states the city of Pinehurst was negligent for poor training and supervision of its personnel and allowed or permitted improper use of excessive deadly force. It also states the city allowed an “unwritten” but otherwise official policy concerning the wrongful use of deadly force.
In the complaint, it was said Robertson knew of past inappropriate conduct and he failed to remedy the situation. Also Robertson failed to train Reneau in the use of deadly force and actively participated in public attempts to justify the actions of Reneau without proper and sufficient investigation.
However, the investigation was taken to outside experts, which include a homicide investigation team, the Texas Rangers and the district attorney’s investigators. The results were taken to an Orange County grand jury where “no fault” was found with the agency.
Attempts to reach plaintiff attorney Barry Bennett for comment were unsuccessful.
www.orangeleader.com/news/local_story_027014445.html?keyword=topstory