[Baltimore Sun] Harford County paid $1 million to avoid lawsuit in fatal shooting by sheriff’s deputies
Read Time:4 Minute, 42 Second
Harford County has agreed to pay $1 million to avoid a lawsuit in the 2022 fatal shooting of John Fauver by sheriff’s deputies, according to county officials.
Harford County’s insurer will pay $650,000 toward the settlement with the balance of $350,000 coming from county government. However, the county does not admit wrongdoing by the sheriff’s office, County Executive Bob Cassilly said in a news release.
The county payout was approved at an April 16 County Council meeting. The council was split on whether to settle. Sherriff Jeffrey Gahler was against it.
“This agreement is a whistle call to anyone who is upset with the police or any county service for that matter,” Gahler said in a video on the sheriff’s office’s Facebook page. “That message is Mr. Cassilly and [County Attorney Jeffrey] Bloomquist are happy to open your cash drawer rather than stand on facts.”
On April 23, 2022, members of the Harford sheriff’s office fatally shot John Fauver in the Bel Air North Village shopping center. Deputies had responded to reports of a “suicidal subject” who was believed to be armed with a long gun.
“On April 23, 2022, Ms. Bridges called the police because she was concerned about her husband’s safety,” Tiana Boardman, from Hansel Law, said in the claim letter. “She informed dispatchers that her husband was emotionally unwell because of the significant physical pain that he was experiencing.”
Body camera footage of the standoff with Fauver behind the Forest Hill CVS showed the actions of Sgt. Bradford Sives and Cpl. Christopher Maddox, the officers involved in Fauver’s death, according to a report on the shooting from the Harford County State’s Attorney’s Office.
Maddox yelled that Fauver was reaching for a gun, according to the report. Then Sives yelled that the suspect was wielding a cane, not a gun. Sives could not be heard on Maddox’s body camera footage, and vice versa, the report states, suggesting the possibility the two deputies could not hear each other, as they were yards apart.
The body camera footage of two other deputies on the scene revealed they too yelled, “It’s not a gun,” several times.
Maddox fired his handgun in the direction of Fauver and followed with three more rounds in rapid succession, according to the report. During the second round, Sives fired his shotgun at Fauver, appearing to strike him. This came four to five seconds after Sives first yelled, “It’s a cane,” according to the report.
As part of the investigation, then-Maryland Attorney General Brian Frosh sued Gahler for interfering with the investigation into the fatal shooting.
“Controversy over the Fauver case began when body camera video of the shooting was originally withheld by Harford County Sheriff Jeffrey Gahler, who was later ordered by a judge to produce it to the Maryland Attorney General, who then posted it on his public web page,” Cassilly said in a news release.
The family decided to send a demand letter because the shooting showed that the sheriff’s office has a problem dealing with a mental health crisis, said Cary Hansel from Hansel law, which is representing the family. This is an opportunity for Gahler to rethink how the department handles these situations, Hansel said.
“Our review of the footage showed that though the officer made a terrible mistake, he had no malice or hatred in his heart,” Hansel said. “From our perspective, whenever … a person who may be a good person makes terrible a mistake, we will explore settlement because lawsuits [are] hard on everyone involved.”
More than a year ago, a private attorney sent a letter to Bloomquist and Cassilly requesting a seven-figure payout, or a lawsuit would be filed. Gahler said the letter is tantamount to a ransom note.
Bloomquist recommended that the council approve a $1 million payout. The sheriff’s office was involved in the incident, but the payout did not need approval from the department, Gahler said.
“He decided that it was wise to spend your tax dollars to pay the full amount of the claim letter,” Gahler said. “I had no say in the decision to just hand away $1 million. In fact, I made it clear to Bob Cassilly and Jeffrey Bloomquist that I was opposed to any settlement.”
Additionally, two Harford County state’s attorneys deemed the sheriff’s actions in the incident to be lawful, while council members were informed of the incident by detectives, Gahler said.
At the April 16 County Council meeting, members expressed support for the way first responders handled an incident after reviewing footage at the sheriff’s department. Still, they decided to approve the payment in a 4-3 vote. Council members would not provide details of the incident at the time of the vote.
Council member Jennifer Boyle-Tsottles, a District E Republican, opposed the settlement.
“I believe it sets a bad precedent to spend taxpayer money simply to avoid the cost of litigation,” Boyle-Tsottles said at the April 16 meeting. “This could have a rippling effect on claims against the county going forward, and I believe this settlement is not in the best interest of the taxpayers in the county.”
The county agreed to the settlement because outside legal counsel advised that it could cost almost three times the amount of the payout to fight a lawsuit, Cassily said in a news release.
“In this case, the county made the right decision,” Hansel said. “This was an opportunity for the county to do justice and for the officer to put it behind him.”
Happy
0 %
Sad
0 %
Excited
0 %
Sleepy
0 %
Angry
0 %
Surprise
0 %
0
0