I read over the July 29 report of the city settling the Tubar lawsuit several times (“City settles shooting lawsuit for $400,000,” Kent Reporter) and come to the same conclusion each time.
The only persons involved who showed good sense were Chief Strachan and officer Clift, who defended himself justifiably from the possibility of being killed by the use of a deadly weapon against him, in this case a 3,000 pound blunt instrument.
Tubar’s attorney, Tim Ford, noted that Chief Strachan was sending the wrong message to officers when he noted the officer had acted properly. Mr. Ford needs to get his head screwed on straight. Police officers put their life on the line protecting our life and property and are legally justified in using whatever force necessary, including “deadly force,” to protect our lives or their own.
The amount of force used by the officer in this case was considered justified by two police review boards and a jury. Mr. Ford seems to expect officers to “shoot the gun out of their hand” but be careful not to injure an assailant. It is unfortunate that Mr. Tubar was “caught in the cross-fire,” but perhaps he should chose his friends more carefully. If one decides to walk through the cow-barn barefooted he must accept the possibility of emerging with stinky feet.
The article noted that U. S. District Judge John Coughenour said that “he might set aside the verdict because he did not think the jury would rule in favor of Clift and the City.”
I read that as saying that the judge did not interfere with the trial when he thought it would go as he wished but now that the jury did not agree with his opinion he might set aside their verdict. We appear to see another example of today’s society believing that no one needs to take responsibility for his own actions. If you get in trouble the man with the deepest pockets, in this case the city or its insurance company, needs to step up and bail you out – or compensate you for any pain and suffering you may have endured.
The city found itself in the position of “damned if you do and damned if you don’t.” It appeared that with the help of Judge Coughenour the city was going to pay one way or another. They chose their best way out.
Robert Neal
Kent
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