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Pay Family Of Man Killed By Officers $2.34M, Finance Committee Recommends

By Heather Cherone | December 12, 2016 2:07pm | Updated on December 13, 2016 11:48am
 Darius Pinex
Darius Pinex
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Family Photo

CITY HALL — The family and friend of a man shot to death in 2011 by Chicago Police officers during a traffic stop should get $2.34 million, the City Council's finance committee recommended Monday.

Ald. Nicholas Sposato (38th) cast the only vote against the agreement to settle the wrongful death lawsuit brought by the family of Darius Pinex, who was shot to death after Officer Gildardo Sierra and Officer Raoul Mosqueda pulled the father of three and a friend over in January 2011.

The two officers testified during the wrongful death trial's lawsuit that they pulled over Pinex because his car matched a description of one seen at a recent murder scene.

Pinex's friend Michael Colyer was shot in the hand by police during the incident.

Pinex was shot after the officers approached his car with their guns drawn. He attempted to flee from the officers by putting his car in reverse and accelerating, hitting a tree and light pole before accelerating forward, according to city officials.

Both officers shot at the car. The first officer said he opened fire believing that his partner was being dragged by the car, while the second officer fired when the car accelerated toward his partner, who was standing in the street, according to city officials.

However, a federal judge ruled in January that an attorney for the city intentionally concealed evidence during that trial. The judge overturned a jury verdict that cleared the officers of wrongdoing, and harshly criticized the city for concealing evidence from the Pinex family.

Ald. Leslie Hairston (16th) said she was "sick and tired" of being forced to "wear the jacket" for police misconduct that has been found "over and over" to be unwarranted.

Hairston also criticized the briefing by city attorneys for not making it clear that a city lawyer had been sanctioned by a federal judge for withholding evidence.

"I'm tired of being blindsided," Hairston said. "That is most disturbing."

Jordan Marsh, senior corporation counsel for the city, resigned after acknowledging that he failed to turn over a police radio transmission that proved officers who shot Pinex did not actually hear what they said they did over the radio, which the officers pointed to as their reason for pulling Pinex over in the first place.

Sierra, who was involved in two other fatal shootings, has resigned from the department. The city paid the family of another man shot to death by Sierra $4.1 million.

The full City Council is expected to approve the settlement Wednesday.

The case prompted city officials to hire former U.S. Attorney Dan Webb to conduct an independent investigation of whether the city's Law Department routinely concealed evidence or engaged in misconduct.

Webb's 5½-month investigation said the incident in the Pinex case was unique and was not part of a larger culture of wrongdoing. However, the report made 50 recommendations in how to improve the division's operations.

Watch the videos of the altercation between Pinex and the Chicago Police here. Viewer discretion advised.

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