 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
BRELAND v. FORD5/3/1996
James Breland, an Alabama State Trooper, appeals from a judgment entered on a jury verdict awarding $2,000,000 in compensatory damages to Gene Kelvin Ford in Ford's action against Breland seeking compensation for personal injuries Ford suffered during an arrest. We affirm.
Many of the facts pertinent to this case are in dispute. At the trial, however, testimony was offered during the presentation of Ford's case-in-chief suggesting that the following events occurred: On March 18, 1990, while 23-year-old Ford, a black male, was driving home from a neighborhood basketball park, he met Breland, a white male, who was on patrol in his automobile a short distance from Ford's home. When Breland's speed detection device indicated that Ford was exceeding the speed limit, he reversed directions and began following Ford. Ford saw Breland reverse directions, but did not realize that he was being pursued. Consequently, he proceeded homeward, turned into his driveway, and parked his car.
When Ford got out of his car, Breland struck him on the side of the head with his semi-automatic pistol. Ford ran into his house and retreated into one of the back rooms. Breland kicked in the door of the house and entered in pursuit, with a semiautomatic pistol in his hand.
Once inside, Breland shot Ford in the back as Ford was bending over to pick up one of his children. The force of the bullet, which passed through his body and exited from his stomach, caused Ford to fall to the floor. When Breland threatened to kill him if he moved and punctuated his threat with a racial slur, Ford arose from the floor and grappled with Breland for the pistol. Ford managed to get both hands on the pistol and grip it tightly. As Ford held the pistol in this manner, Breland fired a second time, narrowly missing Ford.
Howard Brooks, one of Ford's neighbors, then entered the room. At trial, Brooks testified as follows:
"Question. [By Ford's counsel] Where was [Ford] when you saw him?
"Answer. [Brooks] Bending down holding Breland's hands . . . — the gun — begging him.
". . . .
"Question. And what did you see?
"Answer. I Breland [with] his hands on the gun, both hands on the gun, and [Ford] bent across a little . . . sofa like that, saying: 'Man, why did you shoot me? . . . I didn't do nothing.' I walked on in.
". . . .
"Answer. I said: 'Y'all get these kids out this house.' [Then] I walked up to [them and] I said: 'Both y'all turn this gun loose.'
"[Ford] said: 'I ain't taking no arrest, this man's trying to kill me. . . . Howard, this man . . . shot me.'
"I didn't believe him at that particular time. . . . I said: 'Breland, you ain't shot him?
"[Breland] said: 'No.'
"[Ford] said: 'Howard, this man . . . shot me.' He said: 'Breland, why did you shoot me? . . . Please don't kill me.'
"I said: '[Ford], you can't go up against the law.'
"He said: 'Howard, don't let this man take me nowhere. This man's trying to kill me.'
"By that time he was getting weaker and weaker, still begging, and . . . [saying]: 'Don't kill me.'
"About that time [I took the gun]. It a semi-automatic and I didn't know how to kick the safety on. And I laid it on a tall gas heater. [Breland] reached and got his handcuffs. [Ford was] still begging: 'Howard, don't let him take me.' He said: 'I want some water.'
"I said: 'Can I give him some water?'
"[Breland] said: 'Don't give him nothing.'
"[Ford] said: 'Howard, pull my shirt up.'
"His guts were running from the fr
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Alabama DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|