A family of a Black man who was killed by police after officers shot him 22 times has agreed to a $3.5 million settlement. The fight to get the settlement lasted seven years, and the case had been dismissed multiple times over the years. The incident took place on March 13, 2013, when Wayne Arnold Jones was stopped by officers in Martinsburg, West Virginia, who alleged he was walking on the street rather than the sidewalk. The 50-year-old who was homeless and previously diagnosed with schizophrenia was put in a chokehold before being shot while lying on the ground.
The five officers involved claim Wayne struggled against them, and stabbed one officer with a pocketknife.
Jones’ family filed a lawsuit against the city of Martinsburg, West Virginia and accused the officers of using excessive force. The case was dismissed after a judge decided the officers had immunity, insulating them from civil suits. The case was dismissed another time by a U.S. District Court judge, but a federal appeals court reversed this decision last month. Also deciding that qualified immunity didn’t protect the officers from plaintiffs seeking legal recourse.
“A reasonable jury could find that Jones was both secured and incapacitated in the final moments before his death,” the three-member panel wrote in a statement. The death of George Floyd and subsequent public outrage seems to have played a role in the decision to reverse the previous ruling, due to the fact the panel cited Floyd’s death in the statement.
The police department said that the city chose to settle the lawsuit in order to avoid the stress of a trial. “With this settlement, the City and the MPD hope everyone involved will be able to put this incident behind them and allow the community to heal,” the city of Martinsburg said in a statement. Regardless of the settlement, the police department maintains its innocence, alleging the settlement is not an admission of guilt.
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