The family of a man that died following a police officer's Taser stun gun shock has settled their wrongful death lawsuit, after dropping some of the previously named individual defendants, as reported by The Spectrum.
Hurricane Police Chief L.E. and police officer K.T. were removed from the settlement in regards to the 2009 death of B.C. U.S. District Court records show that a mutual settlement was agreed upon.
A joint statement released to the media by Hurricane city attorney Peter Stirba read, "The ultimate outcome in this case would have required a jury to consider many facts, a number of which are in dispute. However, substantial expense would be born by both sides if this case went to trial, and the emotional burden on the (C. family) and on Chief (L.E.) and Officer (K.T.) would have been very real and very difficult. After a full consideration of all the factors involved, the parties are satisfied that the settlement reached in this case represents a prudent assessment of risks of going to trial and the implications that the burdens of trial would have for everyone involved."
Keeping the settlement confidential, the attorney representing B.C.'s family, Nathan Alder, said that the lawsuit had been settled "to the mutual satisfaction of the parties."
A judge had approved the case for trial earlier this year.
The suit was filed on behalf of B.C.'s widow, A.C., their two daughters and his parents.
B.C., 32 at the time of his death, was attending Northern Arizona University as a doctoral student. The incident occurred while driving home with his immediate family after visiting other family members in Utah. During the drive on state Route 59, according to B.C.'s family, he suffered a bipolar episode.
Near mile marker 16 the family parked the car in an area designated for vehicles as B.C. took his prescription medication. However, while waiting for the medicine to work, B.C. took off his clothing while standing in the road.
Both Police Chief L.E. and police officer K.T. were called to the scene. B.C. allegedly failed to respond to their instructions and K.T. fired two Taser shots at him. Testimony differed as to how the shots occurred – in one B.C. was approaching K.T., in another B.C. was retreating.
The coroner's report showed that B.C. died due to heart irregularities following the two Taser shocks. Taser barbs were located on the left side of his chest just over his heart.
Officer K.T. was not prosecuted, according to the Washington County Attorney's Office, because they found that he behaved "to a tense, uncertain and rapidly unfolding situation in a manner consistent with his training."
B.C.'s family alleged that K.T. used excessive force without justification and L.E. failed to protect B.C.'s rights in the civil suit filed in 2010. It was also alleged that A.C., taken into custody at the time of the incident, was held without reasonable suspicion of committing a crime.
Training, in the use of Taser weapons and in handling the mentally ill, became a nationwide discussion following B.C.'s death. There is now a resolution working its way through Utah Legislature, signed by Gov. Gary Herbert, which encourages its police departments to improve education.
Contact a personal injury lawyer if you have lost a loved one in a wrongful death. Oftentimes monetary settlements are made for your damages.