By Michelle Washington
Virginian-Pilot
NORFOLK, Va. — Jurors decided Wednesday that Philip Harvey should get $13,000 for being bitten by the police dog of Gordon Barry, who mistakenly shot and killed a fellow police officer during a disturbance in Young Terrace.
Harvey sued Barry, saying the officer acted recklessly when he let his police dog loose in a crowded courtyard on the 400 block of Nicholson St. in May 2006. Barry testified that he believed his actions would save the life of Harvey’s brother, Denardo, who was in a confrontation with an armed man.
The armed man turned out to be Officer Seneca Darden, who had responded to the scene in plainclothes.
The lawsuit dealt only with Harvey’s dog bite injuries and not with issues related to Darden’s death. Barry was cleared of wrongdoing in Darden’s death by two investigations in 2006.
In their closing arguments to the seven-person jury, lawyers painted drastically different pictures of the events.
One of Harvey’s lawyers, Adam Lotkin, told jurors that his client was on his hands and knees with pepper spray in his eyes when Barry’s dog attacked. There were 50 to 60 other people in the vicinity, Lotkin said, and the only person who testified that Barry gave warning before setting the dog loose was Barry himself. Harvey suffered bites to his ear and left hand.
“We have a problem if a person doesn’t take personal accountability for events that occurred that particular evening,” Lotkin said.
One of Barry’s lawyers, James E. Cales III, said Denardo Harvey caused Darden to pull his gun that night, which led Barry, who did not recognize Darden as a police officer, to first release the dog and then to fire.
“How is it possible that attempting to save a life was a disregard for the rights of others?” Cales asked jurors.
Further, Cales argued, some witnesses gave testimony that Philip Harvey had also been struggling with an officer.
Lotkin said Wednesday afternoon that he and Harvey were pleased with the verdict.
“At this point, we’re weighing our options on how to proceed,” Cales said.
Copyright 2009 Virginian-Pilot