By Jacqueline Koch
Chattanooga Times Free Press
An attorney for six officers who shot to death a man reportedly threatening suicide has asked that the lawsuit against police be dismissed.
Bryan Hoss submitted documents Monday to join the city of Chattanooga’s and the Chattanooga Police Department’s first motion to dismiss the federal lawsuit filed by the parents of Alonzo Heyward, whom police shot at 59 times while he stood on his porch on July 18.
In its lawsuit, the family claimed officers used excessive force and were not adequately trained in the use of deadly force, showing deliberate indifference and reckless disregard that resulted in 43 bullet wounds in Mr. Heyward’s body.
Mr. Hoss’ response argues that the officers acted in their official capacity and fired at Mr. Heyward only after he pointed his rifle at them.
“Alonzo Heyward’s actions constituted an imminent danger of death and serious bodily harm to himself, these officers and to other members of the public at the time in which they decided to fire their weapons,” the motion states.
“This belief of imminent death and serious bodily injury was real and honestly believed by these six officers at the time and was founded upon reasonable grounds observed by these officers when they made the decision to fire their weapons for the protection of themselves and the other officers,” according to the motion.
The city had filed a motion to dismiss the case on the grounds that Mr. Heyward’s parents and his children’s mothers had no valid claim to file the lawsuit.
Federal Judge Curtis Collier has not yet ruled on that motion.
The family is asking for punitive and compensatory damages to be decided by a jury and also that the officers be placed on trial for the incident.
The family’s lawyer, Archie Sanders III with the Johnnie Cochran Law Firm in Memphis, said he’d seen that the officers had filed paperwork, but he had not read it.
“Until I have a chance to review it, I will not be in a position to comment on it,” Mr. Sanders said.
OFFICERS NAMED IN LAWSUIT
* Lauren Bacha
* Deborah Dennison
* Zachery Moody
* George Romero
* William Salyers
* Bryan Wood
Source: Federal lawsuit
Copyright 2009 Chattanooga Publishing Company