Tuesday, June 28, 2005

A win for the good guys

It's been a long road, but today, my boss' partner was finally able to breathe a sigh of release, as was his client. WE WON!!

Officer Exonerated In Kendra James Civil Trial



PORTLAND, Ore. - A federal jury has unanimously decided that Portland police officer Scott McOllister, who fatally shot Kendra James during a traffic stop, did not use excessive force and did not provoke James during the confrontation. Kendra James' family sought $12 million in damages in the civil trial.

McCollister's lawyers contended he was reacting to a fast-moving and dangerous situation involving an out-of-control woman high on a near-lethal dose of cocaine on May 5, 2003.

James' relatives, who sued for $12 million, said McCollister was lying.

A grand jury refused to indict McCollister on criminal charges, although he was suspended without pay for more than five months because of tactical decisions he made.

For more than a week jurors heard conflicting testimony from doctors, experts in forensics and in the use of deadly force and witnesses.

McCollister testified that he acted instinctively to save his life as he shot James while trying to pull her from a moving car in North Portland.

The lawyer for the James' family, Milton Grimes, accused McCollister of lying and cast doubt on the testimony of McCollister's fellow officers, Rick Bean and Kenneth Reynolds.

He contended McCollister was standing several feet from the car when it started to move and fired because James wouldn't stop.

He asked why Bean and Reynolds didn't recall seeing McCollister use his pepper spray, as the officer claimed he did in an attempt to control James.

Grimes said McCollister, who said he had one foot in the moving car, could not have removed her from that position.

Robert Wagner, McCollister's attorney, told the jury that James put the officer in a difficult position and was high enough on cocaine to be irrational and volatile.

She had been arrested two dozen times and didn't want to be taken into custody that night, he told the jury.

http://www.katu.com/news/images/story2003/030505kendra_james.jpg

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Scott is a very nice person, and I'm glad he was exonerated. I'm sorry, but I don't have any sympathy for Ms. James. Had she not put herself in that situation, she'd be alive.

After the verdict was read, everyone came back from the Courthouse and we all went out to a local bar/restaurant to celebrate. Although I wasn't directly involved with this case, I still am happy and relieved that Scott, and Bob, can relax and move on with their lives. This trial has swallowed up most of our office for the past several months, as the trial date approached.