When the Avons police officer who fatally shot a man in February 2008 died of a gunshot wound, the city’s medical examiner determined the shooting was an accident.
But after Avon County Circuit Court Judge Joseph L. Loparco ruled that Avon police were not responsible for the death, he ordered the city to pay $30,000 to the family of the man who died.
The city, which has been under court order to file wrongful death lawsuits for more than a decade, appealed the decision.
Now, the Avondale Police Department is asking the county for another $10,000.
“I feel like the court’s decision has really been thrown out, and it’s just thrown out on the street,” said Michael Kastel, the family’s attorney.
“The court is now in the position where they can go after the city and say, ‘Hey, here’s the money.'”
The Avondales Police Department had argued that the medical examiner had erred by concluding that the officer was acting in self-defense.
But Loparrco said that the police department had no idea of the medical report’s conclusions until a few weeks after the shooting.
“They did not know if it was a murder case, a homicide case, or whether the report was incorrect or not,” Loparf said.
“It was their understanding that there was a homicide.
But we don’t know if the medical examiners were doing their job or not.”
A police union official said that police officers should be expected to keep their distance from suspects who pose a threat.
“There’s a duty to protect the community,” said Gary G. Purdie, the chief executive of the Fraternal Order of Police Lodge 4.
“When we see someone who’s been arrested, we can take action against that person.
We can arrest him and then go after him in a different way.”
The Avons city attorney, Paul J. Wachter, said the Avonds police were entitled to the money because they were “not the people in that car.”
He added that the city had “no evidence” that the Avosses had any ties to the shooter, but that “we have a responsibility to get it.”
The police department, which is also the city of Avondelle, has faced a series of lawsuits alleging police misconduct over the years, including a lawsuit in 2015 in which a jury awarded a man $4 million after he was shot in the face by an Avondese police officer.
The Avon case has raised new questions about the police response to an officer’s death.
The medical examiner, the county’s top criminal investigator and the city attorney all testified that Avondes police acted in self defense.
The officer’s family also argued that Avonds officers were not negligent and that they should have known the man had a gun.
Loping County Circuit Judge Joseph M. Lope told the Avontes police officers they would have had to wait until after they had arrested the man to take him into custody.
“You should have arrested him after you had handcuffed him,” the judge said.
But the officers were too late.
The man died two days after he got into the car with the officers.
His name has not been released.
Avondelles police did not respond to a request for comment.
The Associated Press