Aug 14, 2008 5:37 pm US/Eastern
Family Vows To Fight Ruling In Taser Death
FREDERICK, Md. (WJZ) ―
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Jarrel Gray died when he was tasered.
A 20-year-old man reportedly refused to put his hands up at an officer's order. The officer tased him, and now he's dead.
A judge told that man's family Thursday they have no right to sue the Sheriff's Office.
Weijia Jiang reports the family isn't giving up their belief that the officer killed Jarrel Gray.
For Jarrel Gray's family, the only thing worse than dealing with his death is believing it could have easily been prevented.
"If they would have slapped him or whatever, he would have still came home to me. He would have came through that door," said Anna Laurencine Thomas, Gray's grandmother.
In November 2007, after breaking up a fight involving then 20-year-old Gray outside of his house, 13-year Frederick Sheriff Department veteran Cpl. Rudy Torres used a stun gun on Gray twice after he claimed Gray did not put up his hands.
"Nobody knows the whole story. Everyone has judged my son to be the worst person in the world because of his situation," said Tanya Thomas, the victim's mother.
Back in May, Gray's family filed lawsuits.
There was $1 million for wrongful death, then other sums for excessive force, a violation of civil rights and negligent training. It's a total of $145 million in damages.
But a U.S. District Court Judge ruled they can not sue the Sheriff's Department or Frederick County, only Torres.
The family's attorney in Washington calls the ruling a minor roadblock. He's especially confident they'll be able to win the case against the police officer after discovering new information.
"The officer has now admitted that upon that first initial tasing, he was able to see Jarrel Gray's hands, and that leads us to wonder why he had to tase him 23 seconds later," said attorney Ted Williams.
The family is appealing the ruling, but in multiple interviews with
Eyewitness News, Sheriff Chuck Jenkins defends Torres.
"He believed there was a threat in that he refused to do what he was asked to do," said Jenkins.
It's that so-called refusal the family plans to prove wrong to gain closure for this bright young man's death.
The family plans to go back to the judge with more evidence showing both the Sheriff's Department and the county are responsible for Gray's death.
As for the lawsuit against Torres, a trial date has not yet been set.
(© MMIX, CBS Broadcasting Inc. All Rights Reserved.)
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