Developing story: Kent officer back in district court in shooting incident

  • BY Wire Service
  • Monday, July 13, 2009 7:11pm
  • News

A Kent Police Officer who last month was found not guilty of violating another man’s civil rights during a 2003 shooting incident was back in court this week and may reportedly settle with the accuser following reports that a police officer’s wife may have dominated the jury room discussion, bringing prior experience to the case instead of ruling on the evidence at hand.

U.S. District Court Judge John Coughenour Monday morning reportedly announced that both sides will be seeking a settlement in the case.

In June 2003 Kent Officer Jason Clift reportedly fired three shots at a stolen vehicle he thought was attempting to run him down, wounding passenger Nicomedes Tubar, who brought a civil rights complaint against Clift and the Kent Police Department, which ruled that Clift had acted appropriately.

In June, a jury sided with Clift, but immediately following the verdict, it was reported that Coughenour said he did not understand how the jury could have found that way.

In the time since, six of the 12 jurors have signed statements saying another member of the jury, a police officer’s wife, dominated the jury room and repeatedly talked about her husband’s experience, which would violate jury instructions about only weighing the facts at hand.

According to reports, Coughenour also focused on the third of the three shots. Clift and his lawyers have claimed he was reacting in self defense against a car that was coming toward him in a dark parking lot, but the third shot, the one that hit Tubar, was fired through the driver’s side window, which Tubar’s lawyers said showed the car was no longer a threat.

Clift’s lawyers have argued that all three shots came within a second of each other.

Following a hearing this morning, both sides agreed to settlement talks later in the week.

Tuber was reportedly seeking more than $1 million in damages.

The Kent Reporter is working on this story and will provide regular updates.


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