$875K Awarded to Family of Former Marine Killed by Police
The family of a former marine in Wilmington, DE has been awarded $875,000 in a wrongful death lawsuit filed against the city of Wilmington. According to the lawsuit, 25-year-old Derek J. Hale was repeatedly electrocuted with a stun gun and also suffered a fatal gunshot wound. Hale was reportedly being arrested when he was shot three times and shocked with a Taser gun. Hale’s widow will receive the entire award in the lawsuit.
His parents had originally filed their own claims as well but withdrew their claims later. The incident occurred 4 years ago in November when police were investigating a motorcycle club that Hale belonged to.
Police confronted Hale about his involvement in a drug ring associated with the motorcycle club he was a part of. The police officer accused of shooting Hale was acquitted of any offense. A trial was scheduled to begin in April, however, the city agreed to settle the lawsuit to avoid further financial costs. Police argued that they acted responsibly, as Hale could have been carrying a weapon with him. They stated Hale refused to show his hands to demonstrate to them that he was unarmed. Later, police found a 4-inch blade in Hale’s pocket along with a can of pepper spray.
The police stated that they, in fact, acted reasonably because he could have pulled a weapon against the police. This is the single key fact that lawsuits rely upon as well as the details of the confrontation; whether the person they suspected was acting violently or belligerently, or whether he or she pulls a weapon on them. In this incident, it is difficult to say whether the police did actually act responsibly or not as there is little information whether Hale fought against the police or not.
