Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: FRIDAY, April 7, 1995 TAG: 9504070050
SECTION: VIRGINIA PAGE: B-4 EDITION: STATE
SOURCE: Associated Press
DATELINE: NORFOLK LENGTH: Medium
The council's denial of Ronald Duck's request followed a jury ruling last month that also went against Duck.
``I'm sympathetic with him, and I'm terribly sorry,'' Councilman Herbert Collins said. ``But we do have a process ... He probably should have come to us first, and we could have instructed [City Attorney Philip] Trapani to make a settlement before the trial.''
Duck, a 38-year-old unemployed custodian, had turned down a $75,000 settlement offer before a jury ruled March 23 that the shooting was an accident, not excessive force or gross negligence.
``The council has the power to compensate my brother, no matter what's been decided in court,'' said Duck's younger brother, James.
The council discussed Duck's request in closed session Tuesday. On Wednesday, James Duck said his brother will take his case directly to the council next week in public session.
``The bottom line is the city has shot a man - by accident or intentionally, does it matter? What's right is right,'' James Duck said. He said his brother should get $250,000.
Last June 2, police officer Miles Warren shot Duck while Duck was standing in his own front yard talking to a neighbor. The officer said he tripped and his gun went off accidentally.
Duck said the officer lifted the gun with both hands, aimed and fired.
Both sides agreed that Duck was not a suspect in the bar shooting that Warren was investigating, did not have a weapon and did not make any menacing moves when he was wounded in the shoulder.
Duck spent four days in a hospital. His medical bills totaled $6,000.
by CNB