Family of an Alabama man killed by police will get a $750,000 settlement

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MONTGOMERY, Ala. (AP) — An Alabama city will pay $750,000 to settle a federal civil rights lawsuit against a police officer who fatally shot one person and wounded another in 2019, after defendants appealed the original $4.5 million awarded by a federal jury almost a year ago.

The jury found Birmingham officer Aric Mitchell used excessive force when he fatally shot Jamarcus Moore and injured Samantha Hardin just seconds after exiting his police car following a high-speed chase. All three are Black.

Civil rights attorney Johnathan Austin said the settlement represented meaningful accountability for Moore’s family and Hardin, who sued the city jointly.

“The monetary value was not as important as the jury finding that the city was liable, and in particular, that officer Mitchell was liable for the death of Mr. Moore,” said Austin. “Our clients wanted justice, and justice was served.”

A spokesperson for the City of Birmingham did not immediately respond to an emailed request for comment on Tuesday.

U.S. District Judge Anna Manasco reduced the initial $4.5 million to $2.75 million in August. Attorneys for the city and the officer appealed that ruling shortly after, and last week the Birmingham City Council voted to approve a settlement payout of $750,000, according to city council meeting agenda. The city council did not discuss the decision in the public meeting.

The settlement has not been signed by either party yet. Sometimes settlements will include the civil court version of a guilty plea, but in this case Austin said there will be no admission of liability by the city.

On June 15, 2019, Mitchell attempted to pull Moore over after the officer said he smelled marijuana coming from the vehicle, according to the judge’s most recent ruling. Moore attempted to flee because he had a warrant out for his arrest, according to the complaint. Moore had pending charges related to drug possession, according to state court records.

Moore led law enforcement on a chase that lasted approximately 20 minutes and spanned six municipal jurisdictions, according to body camera footage and court filings.

Moore was finally stopped when Mitchell intentionally collided with Moore’s car, according to body camera footage.

Mitchell initially told internal affairs investigators that Moore reached for the officer’s gun and that there was a physical struggle between the two men before Mitchell fatally shot Moore, according to a recording of Mitchell’s initial testimony obtained by WVTM 13 News.

But body camera footage appears to show Mitchell firing multiple shots through Moore’s driver’s side window from several feet away, within less than 10 seconds of exiting his police car. Moore was pronounced dead on the scene. Mitchell also shot Hardin, who was in the passenger seat, breaking her leg.

Over the course of the four-day trial, court documents show that David Rockett, the Internal Affairs commander for the Birmingham Police Department, testified that there could have been an “alternate ending” to the fatal encounter in 2019. Mitchell should have “given verbal commands for the subject to exit the car with their hands in the air and lay down on the pavement and be placed in custody,” Rockett testified.

Austin said that the settlement offered closure to Moore and Hardin’s families after six long years.

“Every Thanksgiving, every Christmas, every birthday, every holiday, every Valentine’s Day, they’re going to miss him — but they’re not going to have to relive this in the public,” said Austin.

___ Safiyah Riddle is a corps member for The Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues.

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