News (Media Awareness Project) - US LA: Man Gets $125,000 In Settlement |
Title: | US LA: Man Gets $125,000 In Settlement |
Published On: | 2001-08-23 |
Source: | Daily Comet (LA) |
Fetched On: | 2008-01-25 10:11:16 |
MAN GETS $125,000 IN SETTLEMENT
A Thibodaux man who accused the Lafourche Parish Sheriff's Office and the
Thibodaux Police Department of excessive force in a May 1998 arrest has
been awarded a total of $125,000 in an out-of-court settlement.
Preston Perez's federal lawsuit was scheduled to go to court last week, but
instead was settled Aug. 6 after several hours of mediation. Lane Roy,
lawyer for the Lafourche Parish Sheriff's Office, said Wednesday the
department's portion of the settlement was $110,000. When asked if he
thought the case would have gone his way in the courtroom, Roy seemed
confident. "One never knows," he said, "but I thought we had a strong case,
and an excellent chance of winning."
Despite that, the case never saw the inside of the courtroom.
"(We settled for) a whole lot of reasons," Roy said, "but not reasons I
would ever discuss with people other than my clients."
Those clients included Sheriff Craig Webre and two deputies for the parish,
Josh Champagne and Jason Terry. Champagne is now a detective with the
department's Drug Task Force and Terry, a detective with the Thibodaux
Police Department's Bureau of Narcotics. According to police reports from
May 11, 1998, the men, along with former Thibodaux narcotics agent Troy
Barrilleaux, were working a shift in Thibodaux when they claim they saw
Perez and two other men participating in a drug deal. As they pulled into
the parking lot at the Aquarius Lounge and tried to arrest the men, the
agents said, Perez jumped in his truck to escape. The officers claimed
Perez tried repeatedly to hit Terry, pinning him between the truck and
another car. They said that was when Terry shot at Perez, hitting him in
the back of the head.
Perez, who suffered brain damage and partial loss of vision, said the
officers had no reason to shoot him. In interviews from jail, where he is
finishing a sentence for aggravated assault, Perez claimed evidence at the
scene did not corroborate the police's story.
Perez's lawyer, Larry Boudreaux, indicated the same, but said he preferred
not to go into specifics until the case is completely settled.
The city of Thibodaux settled their portion of the case for $15,000.
Camille Morvant II, who represented the city and police department, said he
was ready to proceed to court, but that recent developments in the
department made him think twice.
Barrilleaux was fired as head of the Bureau of Narcotics June 11, after
Thibodaux Police Chief Craig Melancon found evidence alleging Barrileaux
had been stealing funds from the department. He was subsequently charged
with malfeasance and theft. The case is pending.
Peggy Mokhtarnejad with the Thibodaux Finance Department said the entire
$15,000 had to be paid by the city itself, since the amount did not exceed
the insurance deductible of $50,000.
The money was paid sometime this week, she said.
Webre, who said the Sheriff's Office would have to pay a $25,000
deductible, called the decision to settle a "distasteful and repulsive
financial" one. He said his department was not consulted before the
decision was made.
"The insurance company settled," Webre said. "They (saw) it as a business
decision. Looking at the economic part of it takes justice and pitches it
out the window.
In terms of the amount of the settlement, if you look at the standpoint of
the injury, ($110,000) isn't a large amount. If you look at it from the
standpoint of the conduct, trying to murder a police officer and
participating in criminal conduct, he shouldn't have been paid a penny."
Melancon said he did not have much to say about the case.
"I left it in the hands of the city attorney and trusted that he would make
the best decision for the welfare of the city," Melancon said. "I concur
with that decision."
A Thibodaux man who accused the Lafourche Parish Sheriff's Office and the
Thibodaux Police Department of excessive force in a May 1998 arrest has
been awarded a total of $125,000 in an out-of-court settlement.
Preston Perez's federal lawsuit was scheduled to go to court last week, but
instead was settled Aug. 6 after several hours of mediation. Lane Roy,
lawyer for the Lafourche Parish Sheriff's Office, said Wednesday the
department's portion of the settlement was $110,000. When asked if he
thought the case would have gone his way in the courtroom, Roy seemed
confident. "One never knows," he said, "but I thought we had a strong case,
and an excellent chance of winning."
Despite that, the case never saw the inside of the courtroom.
"(We settled for) a whole lot of reasons," Roy said, "but not reasons I
would ever discuss with people other than my clients."
Those clients included Sheriff Craig Webre and two deputies for the parish,
Josh Champagne and Jason Terry. Champagne is now a detective with the
department's Drug Task Force and Terry, a detective with the Thibodaux
Police Department's Bureau of Narcotics. According to police reports from
May 11, 1998, the men, along with former Thibodaux narcotics agent Troy
Barrilleaux, were working a shift in Thibodaux when they claim they saw
Perez and two other men participating in a drug deal. As they pulled into
the parking lot at the Aquarius Lounge and tried to arrest the men, the
agents said, Perez jumped in his truck to escape. The officers claimed
Perez tried repeatedly to hit Terry, pinning him between the truck and
another car. They said that was when Terry shot at Perez, hitting him in
the back of the head.
Perez, who suffered brain damage and partial loss of vision, said the
officers had no reason to shoot him. In interviews from jail, where he is
finishing a sentence for aggravated assault, Perez claimed evidence at the
scene did not corroborate the police's story.
Perez's lawyer, Larry Boudreaux, indicated the same, but said he preferred
not to go into specifics until the case is completely settled.
The city of Thibodaux settled their portion of the case for $15,000.
Camille Morvant II, who represented the city and police department, said he
was ready to proceed to court, but that recent developments in the
department made him think twice.
Barrilleaux was fired as head of the Bureau of Narcotics June 11, after
Thibodaux Police Chief Craig Melancon found evidence alleging Barrileaux
had been stealing funds from the department. He was subsequently charged
with malfeasance and theft. The case is pending.
Peggy Mokhtarnejad with the Thibodaux Finance Department said the entire
$15,000 had to be paid by the city itself, since the amount did not exceed
the insurance deductible of $50,000.
The money was paid sometime this week, she said.
Webre, who said the Sheriff's Office would have to pay a $25,000
deductible, called the decision to settle a "distasteful and repulsive
financial" one. He said his department was not consulted before the
decision was made.
"The insurance company settled," Webre said. "They (saw) it as a business
decision. Looking at the economic part of it takes justice and pitches it
out the window.
In terms of the amount of the settlement, if you look at the standpoint of
the injury, ($110,000) isn't a large amount. If you look at it from the
standpoint of the conduct, trying to murder a police officer and
participating in criminal conduct, he shouldn't have been paid a penny."
Melancon said he did not have much to say about the case.
"I left it in the hands of the city attorney and trusted that he would make
the best decision for the welfare of the city," Melancon said. "I concur
with that decision."
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