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News (Media Awareness Project) - US OH: Lima to Pay $2.5m to Family of Victim of '08 Police Shooting
Title:US OH: Lima to Pay $2.5m to Family of Victim of '08 Police Shooting
Published On:2010-01-01
Source:Blade, The (Toledo, OH)
Fetched On:2010-01-02 18:59:14
LIMA TO PAY $2.5M TO FAMILY OF VICTIM OF '08 POLICE SHOOTING

LIMA, Ohio - The family of a 26-year-old mother who was shot and
killed during a police raid of her Lima home in 2008 will receive
$2.5 million from the city's insurance company as a result of a
negotiated settlement announced yesterday.

Tarika Wilson's family filed a lawsuit in U.S. District Court in
Toledo against the City of Lima and Sgt. Joseph Chavalia in August,
2008, claiming wrongful death and negligence. The unarmed woman was
holding her 1-year-old son when she was shot and killed Jan. 4, 2008,
during a police drug raid of her home.

Her son, Sincere Wilson, was injured during the incident and had to
have his right index finger amputated.

Yesterday, attorneys for both the family and the city said a
settlement was reached out of court. The settlement will be filed
with the federal court within the next few weeks, said attorney Al
Gerhardstein, who represented Tarika Wilson's six children and her
mother, Darla Jennings.

"This is a family that has a lot of needs," Mr. Gerhardstein said.
"They have the opportunityto take these resources and secure
annuities to help these children get the care and education they need
for the future, which is critical."

Ms. Jennings, who has since cared for five of her daughter's
children, could not be reached for comment. Mr. Gerhardstein said it
is an emotional time of year for Ms. Jennings, who is nearing the
second anniversary of her daughter's death. Tony Geiger, the city's
law director, said the settlement contains no admission of liability
on the parts of the city or Sergeant Chavalia. The city continues to
deny liability and believes the sergeant "acted appropriately based
on the circumstances he confronted," he said.

Mr. Geiger said the settlement was reached Wednesday through
attorneys for the city's insurance carrier, Hylant Group. The carrier
has legal authority to settle the case without the city's consent,
and the city by contract must cooperate, he said.

"The city's insurance company made the decision that it was better to
reach a settlement at this time than to pursue litigation," the law
director said. "We were aware of the discussions, but it's ultimately
their money and it's their decision."

Yet for Jason Upthegrove, president of the Lima chapter of NAACP, the
city's settlement is tantamount to an admission of guilt.

"No one pays out $2.5 million unless they're guilty," Mr. Upthegrove
said. "They're saying he's responsible for killing her, and they're
saying it 2 1/2 million times."

"They can spin it any way they want to, but that is the sentiment of
most reasonable thinking people," he added.

Lima Police say on the night of the shooting, the department's SWAT
team executed a search warrant at Wilson's East Third Street home
following a long-term drug investigation. The target of the search
was Wilson's boyfriend, Anthony Terry.

During what authorities termed a "high-risk search warrant," Wilson
and her son were shot.

Sergeant Chavalia was subsequently indicted on misdemeanor criminal
charges. In August, 2008, the officer was acquitted on charges that
alleged negligence when he fired at Wilson and her son.

On the witness stand, Sergeant Chavalia recounted seeing a shadowy
figure duck in and out of a bedroom door at the same time he heard
gunfire and believed that he was being fired upon. But the gunfire
actually happened downstairs when officers shot two "pit bull" dogs.

The shooting and Sergeant Chavalia's acquittal sparked outrage among
the city's black population. Yesterday, Mr. Gerhardstein said that as
part of the settlement, the city will continue to work with the
community to ensure that the police department follows "best practices."

Mr. Geiger added the city will continue to work with the "community
and consultants" to review its police department's policies and
procedures to promote the improvement of police-community relations.

Mr. Geiger said no money from the city's coffers will be used for the
settlement. Lima's insurance rates could increase because of the
payout, though the city is locked in to its current rate until the
summer of 2012.

"We'll have to wait and see," Mr. Geiger said of the potential after-effect.

Mr. Gerhardstein said yesterday the settlement money will be put into
a "qualified settlement fund" while the Allen County Probate Court
determines how best to proceed with Wilson's estate. He added that no
money would be distributed without the approval of probate court.
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