MAN SUES VA. BEACH AFTER BEING SHOT IN MIDNIGHT DRUG RAID

VIRGINIA BEACH -- A Pungo man shot in the hand by SWAT team police during a
midnight drug raid in 1998 is suing the officer who shot him, former Police
Chief Charles Wall and the city.

Kevin J. Comeau seeks $1.5 million.

His lawsuit, filed Friday in Circuit Court, accuses Officer R.J. Smith of
negligence. Smith shot Comeau in the hand after the SWAT team raided
Comeau's house in the 1200 block of Princess Anne Road at midnight on July
28, 1998.

Comeau accuses Wall of failing to train and supervise the SWAT team.
Because of previous police shootings, the lawsuit says, Wall knew that raid
rules needed to be changed and that officers needed more training and
supervision.

And Comeau accuses the city of knowing about ``dangerous conditions''
because of several previous police shootings. Comeau's attorney, the city
attorney and Smith's attorney declined to comment on the lawsuit.

Two very different stories emerged after the shooting.

In his lawsuit, Comeau said he was asleep in a second-floor bedroom when
police threw a concussion grenade through the window and battered down the
front door.

Comeau said he obeyed the officers, rolled over in bed and raised his
hands. He said Smith shot his upraised hand without warning or provocation.
Comeau said he was unarmed and that no guns were nearby.

Police, however, gave a different version of the story immediately after
the shooting.

They said Smith entered the bedroom and screamed at Comeau several times to
show his hands, but Comeau refused. At least twice, police said, Comeau
looked at Smith, then turned away. Police said Comeau then lunged at Smith
and thrust his right hand forward, as if he had a gun. Smith shot him once.

Comeau was not armed at the time, but he admitted that he kept one handgun,
three or four shotguns and a hunting rifle in his room. Police confiscated
seven guns from the house.

Police said they also found marijuana, cocaine and items used to package
drugs in the house. Comeau denied knowing about the drugs.

He was charged later with possession of marijuana, cocaine and firearms. He
pleaded guilty in March and will be sentenced later this month. He faces up
to 15 years in prison. He remains free until then.