In the case of an unarmed man who was fatally shot in the back by an Ohio sheriff's deputy, the estate of the victim is set to receive a $2.5 million settlement to resolve a federal lawsuit, as indicated in court records.
The family of the deceased individual initiated the lawsuit in 2020 in federal court in Akron, targeting both Carroll County and the deputy responsible for the shooting. The settlement is pending approval from a probate court judge.
Records from Carroll County's probate court show that the two parties reached an agreement in July, shortly after a U.S. District Judge determined that there was enough evidence for the case to proceed. Notably, a Carroll County jury had previously found the deputy not guilty of voluntary manslaughter in a 2021 trial, despite the fact that he had shot the man four times in the back.
The incident took place on November 16, 2019, when the deputy claimed to have recognized the man from an earlier encounter and knew he had an outstanding warrant for failing to pay child support. He pulled over a truck in which the man was a passenger, and what occurred next was disputed by both sides.
According to the deputy's testimony during depositions, the man initially assumed a fighting stance, and a scuffle ensued. The man then fled and appeared to reach toward his waistband, leading the deputy to believe he might be armed and pose a threat.
However, the only eyewitness to the shooting, a woman in the man's truck, provided a different account. She testified that the deputy immediately drew his gun and ordered the man to show his hands upon exiting his cruiser. The man complied, placing his hands out of the window. According to her testimony, the deputy forcibly removed the man from the vehicle and did not disclose the reason for the traffic stop, despite the man's inquiries. Subsequently, a struggle occurred between the two, with no physical blows exchanged, contradicting the deputy's claims of the man fighting him and attempting to seize his firearm.
The man managed to break free from the deputy's grasp and started running. The woman stated that the deputy then brandished his gun and issued a warning to stop or face lethal force before discharging his weapon nine times, striking the man in the left shoulder, upper back, and mid-back.
The critical element in the case was whether the deputy had a reasonable belief that the man posed a threat, particularly if the man reached for his waistband and turned toward the deputy. The judge also ruled that a jury could reasonably conclude that the deputy acted recklessly and should not be shielded by qualified immunity, a legal protection provided to public employees performing their duties.
