On Aug. 18, 2003, plaintiff Cornelius Ware, 20, who’s paraplegic, was driving on the south side of Chicago when he was pulled over by police in front of his residence.Three of Ware’s family members, who witnessed the traffic stop, claimed that as Ware remained in his vehicle, four police officers approached him. His family claimed that they yelled at the police officers that he was paraplegic, and one of the officers started opening fire on an unarmed Ware, firing six shots at his vehicle. Ware died three weeks later. Police claimed that they found a .38-caliber gun in his car.Ware’s surviving family, on behalf of his estate, sued Anthony Blake, the officer who fired the shots, and the city of Chicago for violating his civil rights, seeking wrongful death damages.
Plaintiff’s counsel argued that Ware wasn’t armed and didn’t provoke the shooting and that police planted the gun in his car. Plaintiff’s forensic pathology expert, Joye Carter, testified that a bullet, which was fired by Blake in front of Ware’s vehicle, went through the back of Ware’s right hand and exited from his thumb. This shattered the bones in Ware’s hand and disabled him from holding a gun, pointing a gun and firing a gun. Carter also testified that the gun that was found in Ware’s car did not have any blood on it, which would have if Ware allegedly fired a gun with a gunshot wound to his hand, and that Ware’s fingerprints were not found on the weapon.
Plaintiff’s police practices expert, Dennis Waller, testified that Blake violated police practices by shooting an unarmed alleged suspect. Waller also testified that two of the of three officers, who claimed that they did not fire shots upon Ware’s vehicle because the third officer was in their crossfire, violated police practices by standing idly and failing to mobilize themselves to a position where it would render better aim. Waller further testified that police training dictated that officers would have moved in and taken immediate action to secure Ware’s alleged firearm, remove him from his vehicle and call medical emergency personnel.
The defendants denied the allegations. Defense counsel contended that the four officers received a call about a vehicle that was involved in an earlier police chase, which matched Ware’s vehicle and was then spotted and pursued by the four officers. The vehicle ran a stop sign and began driving erratically, and then crossed the center line and drove and stopped adjacent to a curb in front of Ware’s residence, according to the defense.
The officers, who claimed that they did not hear Ware’s family members say that he was paraplegic, approached Ware’s vehicle with their guns drawn and ordered Ware to step out of the vehicle, and he did not obey their orders. Ware then drew his gun with his right hand and aimed the weapon from the driver’s side window, and Blake, who was positioned at the passenger’s side of the vehicle, fired five shots, defense claimed. Ware slumped over to his right side and then aimed his gun out of the driver’s side window, and Blake, who did not have time to reload his firearm, fired a sixth shot. Blake claimed that the fired shots occurred within five to eight seconds. Defense police practices expert Clarence Chapman testified that it was routine protocol for officers to approach vehicles involved in police pursuits with guns drawn, and that the officers did not violate any police practices, as they reacted appropriately when Ware drew his gun. Defense forensic pathologist expert Vincent DiMaio testified that it was possible for an individual to be shot in the hand and still hold and fire a gun.
Ware was taken to a local hospital where he was treated for gunshot wounds to the head, back, thigh and hand. He died from his injuries three weeks later. If the trial proceeded to damages, plaintiff’s counsel would have sought an unspecified amount in Ware’s past pain and suffering.
In a bifurcated trial, the jury found for Ware on liability. Both sides then settled for $5.25 million.