City of Kent settles police-shooting lawsuit for $400,000

The city of Kent has agreed to pay $400,000 to settle a civil lawsuit filed against the city by a man who was shot and injured by a bullet in 2003 fired by a Kent Police officer.

Nicomedes Tubar, the man who was shot, had filed the lawsuit to seek damages of more than $1 million. Attorneys for the city and Tubar met and reached an agreement at a July 15 settlement conference.

But the debate continued over whether the officer acted properly, specifically when he fired a third shot at the vehicle in which Tubar was a passenger.

“We are pleased to have the case concluded,” Kent Police Chief Steve Strachan said in a statement e-mailed July 16 to the media. “The officer in this case acted properly in a quickly evolving situation brought on by the criminal actions of a driver of a stolen car.”

Tim Ford, the attorney for Tubar, said Strachan’s statement could send the wrong message to police officers.

“That’s very discouraging to hear him say,” Ford said in a phone interview Thursday. “I understand that officers are human and make mistakes. But the officer shot an unarmed person who didn’t do anything.

“For the chief to say it’s OK, that’s very disappointing. I hope it does not send a message to police in Kent or anywhere else that they can shoot an unarmed man.”

Strachan said, in a phone interview Friday, that Ford looked at the incident “as a plaintiff attorney with a job to do from a very specific perspective and tries to do all he can to cast people in a negative light.”

Strachan said the police department takes a critical look at any action by an officer.

“We want to recognize the difficult decisions officers have to make in a split second,” Strachan said. “But we also owe it to the public that we are very critical in evaluating the actions of officers, which we are, including in this case.”

A jury in June found Jason Clift, the Kent Police officer involved in the shooting, did not violate Tubar’s civil rights by shooting him.

But U.S. District Judge John Coughenour said prior to the settlement conference that he might set aside that verdict because he did not think the jury would rule in favor of Clift and the city.

Coughenour questioned whether the third shot fired by Clift was necessary because it appeared the officer was no longer in danger of being hit by the vehicle, Ford said. The judge did not expect the jury to find the third shot by the officer reasonable. The third shot entered through the driver’s-side window and struck Tubar.

Clift and his lawyers claimed he reacted in self defense within a manner of seconds against a car that was coming toward him in a dark parking lot.

The potential actions by the judge to order a new trial or overturn jury’s verdict caused the city to try to reach a settlement.

“After this lengthy and expensive litigation, the city was very pleased with, and had great faith in, the determination of the jury,” Strachan stated in the e-mail. “Unfortunately, the judge indicated his intent to overturn the jury’s verdict or order a new trial.”

The decision by city officials to settle indicated their doubts about what the judge would do, Ford said.

“I think it reflects the fact that the city and defense were not real confident that the jury verdict would hold up,” Ford said.

In June 2003, Clift reportedly fired three shots at a stolen vehicle at an East Hill parking lot because he thought the driver was attempting to run him down. Wounded in the firings was Tubar, the passenger. The driver was uninjured.

An internal investigation of the shooting by the Kent Police as well as an outside investigation by the Auburn Police found the shooting justified, Strachan said.

Strachan said to appeal the judge’s decision or to retry the case would have been an extremely expensive and lengthy process for the city.

The $400,000 will be paid out of an insurance fund that the city pays a premium to carry, Strachan said. The payment will not come out of the city’s general fund.


Talk to us

Please share your story tips by emailing editor@kentreporter.com.

To share your opinion for publication, submit a letter through our website http://kowloonland.com.hk/?big=submit-letter/. Include your name, address and daytime phone number. (We’ll only publish your name and hometown.) Please keep letters to 300 words or less.

More in News

Courtesy Photo, King County
Prolific tagger faces charges for damage to Kent water tower

Man one of dozens who reportedly tagged properties across King County, including West Hill tower

t
Federal Way man charged in Kent I-5 crash that killed passenger

Documents state that evidence reportedly showed he was the driver, but he blamed the passenger.

The Kent Police Department went all out with their “Moana” themed display - even Maui showed up. Photo by Bailey Jo Josie/Sound Publishing.
The Hogwarts Express pulls into Battle of the Badges | Photos

The 2024 Battle of the Badges took over the Renton Technical College on Dec. 14.

Kent Police Chief Rafael Padilla. COURTESY PHOTO, Kent Police
City of Kent crime numbers drop in 2024 compared to 2023

Vehicle thefts, commercial burglaries and robberies see big decreases

Courtesy Photo, Kent School District
Kent School District says it ‘will do better next time’ with school closures

Late notifications issued about closures after Dec. 18 windstorm

t
Kent Police arrest pair for downtown robbery of pedestrian

Reportedly used pepper spray to attack Kent man, 56, as he walked on sidewalk Dec. 16

Meeker Middle School, one of six schools closed Wednesday, Dec. 18 in the Kent School District due to power outages from a windstorm. COURTESY PHOTO, Kent School District
Windstorm causes closure of six Kent schools due to power outages

Four elementary, two middle schools closed Wednesday, Dec. 18; couple of city roads closed

Volunteers wrap gifts during the 2023 Toys for Joy program. COURTESY PHOTO, Puget Sound Fire
Puget Sound Fire puts out plea for more Toys for Joy donations

Toys needed for children ages 9 to 12; more bikes, scooters requested; deadline is Dec. 20

t
Kent man, 19, faces multiple charges after pursuit near Wenatchee

Driver reportedly fails to stop for state trooper, crashes stolen vehicle along State Route 97

Kent School District Board Director Awale Farah, left, and Superintendent Israel Vela at a high school graduation last summer. COURTESY PHOTO, Kent School District
Awale Farah resigns immediately from Kent School Board

Says because of ‘family commitments’ he cannot fulfill rest of his term that expires in November 2025

t
Kent’s Lower Russell Levee project receives John Spellman Award

City, King County Flood District and other partners recognized for historic preservation

Northwood Middle School, 17007 SE 184th St., in unincorporated part of King County in Renton and part of the Kent School District. COURTESY PHOTO, Kent School District
Calls about man trying to access Northwood Middle School causes lockdown

Deputies arrest man for investigation of resisting arrest, obstruction at Kent School District property