The Associated Press
Richmond, Va. (AP) -- An Albemarle County, Va. police officer and several other department officials will again face civil charges in the fatal shooting of an unarmed man seven years ago, the Virginia Supreme Court ruled Thursday.
In a 16-page opinion, the court ruled that Circuit Judge Lydia C. Taylor of Norfolk should not have barred statements police officers had given to detectives about the shooting of Frederick Gray from the evidence in the early stages of the investigation.
Amos Chiarappa, now a corporal, shot Gray, 26, after Chiarappa and four other police officers responded to a domestic dispute call at the apartment Gray and his girlfriend shared in 1997. The officers testified that Gray fought violently.
Defense lawyer Mark Obenshain argued in March 2003 that state law does not allow the use of some statements that contradict a witness in a case for personal injury and wrongful death. Taylor agreed, and the officers’ statements were ruled inadmissible.
Taylor was presiding over the case because local judges had recused themselves.
Abraham Gray Jr. is seeking $6 million for the death of his son. The father’s suit includes claims of assault and battery, false arrest and imprisonment, gross negligence resulting in wrongful death, grossly negligent retention and grossly negligent hiring.
Deborah C. Wyatt, one of the lawyers representing Abraham Gray, argued that Gray had no criminal record, was unarmed and not under the influence of drugs or alcohol when he was shot through the back and armpit.
“It seems like a case that really needed to be thoroughly aired,” she said.
Police department officials had not yet seen the opinion and were unable to comment, Albemarle spokeswoman Lee Catlin said.
It is unclear when a new trial date will be set or which judge will preside.