The parents of police shooting victim, Gregori Jackson, filed a wrongful death suit with the Maine Superior Court on Dec. 16.
Millard and Natalie Jackson of Whitefield filed the civil suit against the town of Waldoboro, the officer and town officials for damages suffered and indeterminate costs in the shooting death of their son.
Waldoboro reserve officer Zachary Curtis shot and killed Jackson, 18, of Whitefield, in the early morning hours of Sept. 23, 2007 during a struggle in a section of woods off Friendship Rd.
The amended complaint filed by Jackson’s parents, Millard and Natalie, was served to the town on Dec. 22, according to Edward Benjamin Jr., an attorney with Thompson and Bowie law firm in Portland who represents the defendants in the case.
He said the parents originally filed the complaint on Sept. 23, 2009, two years following the shooting death of their son, thereby meeting the statute of limitations for claims filed under state law.
A report from the Attorney General’s Office following the incident determined the shooting of Jackson by Officer Curtis was justified and did not break the federal Use of Force law. The Attorney General’s Office determination does not take into account staffing or other issues with the police department, only the specific incident as it relates to the Use of Force law.
Curtis ran into the woods after Jackson in an attempt to carry out an arrest for violation of bail conditions. Jackson had violated his bail conditions for consuming alcohol and resisting arrest. Absent the witness of Jackson’s friends, who remained by the pulled over car early that morning, the report detailed testimony given by Curtis.
Curtis maintained he believed his life was in danger as he engaged in a struggle with Jackson in the woods.
Jackson’s postmortem examination by Deputy Chief Examiner Dr. Marguerite deWitt documented five gunshot wounds, most of which were consistent with the definition of “loose contact”.
Curtis said he fired a shot into Jackson’s side, after which Jackson continued to struggle with him. Curtis then fired a second shot into Jackson’s back, then, removing himself from Jackson, fired a third shot. A gunshot wound to the head was characterized as being “distant”, which falls in the distance range of 8-12 inches. A toxicology report indicated Jackson had a blood alcohol level of .21 percent, though he was not driving the car Curtis pulled over.
“It’s kind of hard to fight with someone if you’re shot in the back, and if you’re running away, you’re not a threat,” Millard Jackson said.
According to Waldoboro Town Manager William Post, Curtis resigned from the Waldoboro Police Dept. on Nov. 18, 2009. Post could not comment on the suit filed against the town.
The parents are suing for a number of alleged violations by officer Curtis, including unreasonable search and seizure, excessive use of force and for depriving their son’s constitutional rights. They are suing the office of the town’s police chief, currently filled by Chief William Labombarde, for failing to properly supervise officer Curtis’s training and conduct.
The parents hold the town accountable for the same reasons and allege the town manager and police chief’s actions, “in failing to ensure the adequate training, supervision, and control of officer Curtis constituted a callous, deliberate disregard of and indifference to Gregori Jackson’s rights, a breach of his duty of due care, and such actions proximately caused Gregori Jackson’s injuries and death.”
Attorney Benjamin said he anticipates he will ask the court to throw the case out at some point. He said the plaintiffs have to prove there was excessive use of force by Curtis. The range calculated in the gunshot wounds on Jackson’s body is relevant in the case, as are the statements made by Curtis regarding his account as to what happened.
Benjamin said officers have “discretionary function immunity,” are constantly put into positions where they have to make judgment calls and shouldn’t be penalized if their choices do not work out.
He said Curtis completed the 100-hour reserve officer-training course while working for the Waldoboro Police Dept. He was granted an extension by the police academy to work full time, he said, because the police department was suddenly understaffed.
“If he was trained correctly, it never would have happened,” Millard Jackson said.
According to a June 24, 2008 report from the Maine Chiefs of Police Association (MCPA), the Waldoboro Police department was insufficiently operated preceding Police Chief William Labombarde and Town Manager William Post. The panel also implied that individuals are less to blame than the structured whole.
“The hiring process was viewed as inadequate and, as a result, unqualified candidates were being hired,” the report states.
The panel also blames the previous administration for inadequate training opportunities for the officers. The report states that the previous chief of police, Leroy Jones, arranged training randomly. Under the apparent lackadaisical administration, officers expressed concerns that candidates could be hired or promoted even if not qualified.
After a 30 year law enforcement career, Jones retired in May 2007.
“It took a controversial police-involved shooting of a civilian to temper the legislative resources toward mandating yearly minimum in-service training,” the report states.
Since Labombarde has held the office of Police Chief, he has strived to make improvements to the department, including increasing staff, training and communication within the community.
The Jacksons said the process in developing their case has cost them a lot of money, not to mention time and anguish.
“It’s been a long, long wait,” Jackson said. “It’s just been hard on everybody.”
