GLISSON DENIES LIABILITY

Answer To Civil Suit Says Walker Put Himself In Situation Leading To Death

In an answer filed Monday to the U.S. District Court lawsuit filed by the
widow of Kenneth Walker, former Muscogee County Deputy Sheriff David
Glisson asked for qualified immunity from the civil suit, cited probable
cause for the traffic stop of the vehicle in which Walker was riding and
declared Walker put himself in the circumstances that led to his death.

Glisson's attorney, Richard Hagler, filed the answer to the suit
transferred to the federal court in December. In that suit, Cheryl Walker
seeks $100 million in damages from Muscogee County, Glisson and Sheriff
Ralph Johnson, alleging all are liable for the wrongful death of Kenneth
Walker, who was shot to death by Glisson on Dec. 10, 2003. The shooting
occurred after a traffic stop on Interstate 185 during a Metro Narcotics
Task Force drug investigation.

Among the legal defenses raised in Glisson's answer is the theory that
Cheryl Walker and her daughter are not entitled to recover damages from
Glisson, because he was not the "proximate cause" of Kenneth Walker's
death. The answer states Walker "... placed himself in the circumstances
whereby his accidental death occurred."

There was probable cause to stop the GMC Yukon in which Walker and three
other men were riding, based on evidence and an informant's information
that the people in that vehicle were engaged in unlawful activity, the
answer states. It cites Metro agents' observation that one of the
passengers in the Yukon carried a package into an alleged drug dealer's
apartment while it was under surveillance, and that all four occupants of
the vehicle entered the apartment where a drug deal had been conducted a
short time earlier.

Glisson and other agents conducted the traffic stop based on that
information and a warning that the occupants of the Yukon might be armed
and dangerous, but with no information as to the race of the four men,
according to the answer.

Walker was slow to respond to Glisson's commands that he exit the vehicle
and show his hands, the answer states. After Walker was on the ground and
continued to refuse to remove his hand from underneath him, Walker "made a
move" causing Glisson to lose his balance and accidentally discharge his
MP5 submachine gun, according to the answer.

The legal response by Hagler also objects to the suit's characterization of
the death of Walker as "an execution" and "an unprovoked shooting." It also
notes that illegal drugs and alcohol were found in Walker's system after
his death, responding to the suit's contention that no drugs were found
following the traffic stop.

In addition to challenging the allegations within the suit, Hagler asks
Judge Clay Land to rule that Glisson is immune from suit and liability for
his actions, based on his status as a deputy sheriff acting in his official
capacity, and because there was no actual malice with intent to injure.

Johnson and Muscogee County sought similar immunity protection in the
answer filed in December.

No hearings on the suit have been scheduled.