Quantcast

The DNAinfo archives brought to you by WNYC.
Read the press release here.

Pay Family Of Unarmed Teen Shot By Police $3M, Finance Committee Recommends

By Heather Cherone | December 12, 2016 1:31pm | Updated on December 13, 2016 11:48am

Watch the videos here. Viewer discretion advised.

In the second video, the shooting happens at the 17-second mark under the red awning.

DOWNTOWN — The family of a teen shot to death by police while running away should get $3 million, the City Council's finance committee recommended Monday.

Ald. Nicholas Sposato (38th) cast the only vote against the agreement to settle the lawsuit filed by the family of Cedrick Chatman, who was shot by police while running away from officers in South Shore. Video of the incident was released in January 2015 after a three-year struggle by the family to have it released.

RELATED: CEDRICK CHATMAN VIDEO SHOWS POLICE SHOOT RUNNING TEEN

Cedrick was in a stolen car with two others on January 7, 2013 when officers Lou Touth and Kevin Fry pulled the car over near 75th Street and Jeffrey Avenue.

Ald. David Moore (17th) said he was most concerned that the video contradicts the accounts of the officers involved in the incident, who said they feared for their lives.

"We have to stand behind our officers," Moore said. "But we can't keep allowing officers to cover up wrongdoing. These incidents keep happening. It has to stop."

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

First Assistant Corporation Counsel Jane Notz told the members of the committee that the city could have been forced to pay "far in excess" of $3 million if the case went to a jury because of the video.

That recording could have been used to show that Cedrick was not turning toward the officers when Fry opened fire, killing him, Notz said.

In addition, the video undermined Fry's claim that he had a "reasonable" fear for his life because Touth was closer to Cedrick, but did not fire on the teen, Notz said.

Cedrick was in a stolen car with two others on January 7, 2013 when Touth and Fry pulled the car over near 75th Street and Jeffrey Avenue.

What happened during the next few seconds fueled a legal debate that stretched nearly three years.

According to a police statement released a day after the shooting, Cedrick grabbed something from the car before jumping out and running off. The officers chased the teen, who turned toward them and pointed a "black object" he was holding, according to the statement.

Fry raised his gun and shot Cedrick four times. Afterward, an officer flipped Cedrick onto his stomach, handcuffed him and pressed his boot into the teen's back.

The teen died hours later.

The incident was caught by a security camera as well as a police pod camera.

In one angle, the camera quickly jerks from one side of the intersection to the other, since it is an automated blue light camera, making it difficult to see exactly when Cedrick was hit. The video appears to show an officer firing while the teen is still running.

In a second angle, a stationary video shot from nearby South Shore High School, the teen also appears to be running away as he is shot.

Neither officer was charged with criminal wrongdoing.

The wrongful death lawsuit, filed in June 2013 on the Chatman family's behalf, was the fifth civil rights lawsuit since 2006 in which Fry had been named as a defendant, according to court records. The other four lawsuits, alleging violations including excessive force, false arrest and illegal searches, all ended in settlements.

According to the nonprofit Invisible Institute, which tracks police misconduct, Fry has been the target of at least 30 complaints throughout his career. All were marked as "unsubstantiated." He has faced no discipline, according to the institute's records.

The Independent Police Review Authority — which is being replaced as part of reforms sparked by the release of the video showing Officer Jason Van Dyke fire 16 shots at Laquan McDonald — concluded that Fry's actions were justified.

However, two months before that, investigator Lorenzo Davis was fired by the authority for what he claimed was a refusal to change his findings in six investigations of police shootings. Cedrick's case was one of them.

RELATED:

Video Of Police Shooting Cedrick Chatman A New 'Bomb About To Drop': Lawyer

Cedrick Chatman Video Expected Out Thursday

Cedrick Chatman Video Shows Police Shot Running Teen [Video]

2 Teens Charged With Carjacking, Murder After Fatal Police Shooting