$183k settlement over unarmed man shot by cops

A family suing two San Antonio police officers over the fatal shooting of an unarmed man in 2007 agreed Monday to settle the case for $183,000 just as jurors were about to be picked for trial.

Daniel C. Thomas had a blood-alcohol level more than three times the legal driving limit when he was shot and killed on Nov. 30, 2007 by SAPD officers Robert Martinez and Larry Norman.

Thomas' relatives sued the city and the officers in 2008, arguing that the cops used excessive force against Thomas, depriving him of his constitutional rights.

“The family, while willing to take this matter to trial, was hesitant to relive this,” said the family's lawyer, Christopher Gale.

Despite the proposed deal, the city and the officers deny any wrongdoing. The department and a review by state prosecutors cleared the officers, records show.

According to a summary of the case by Senior U.S. District Judge Harry Hudspeth, Thomas was involved in a vehicle crash but kept going, only to wreck into a wall. He left the second crash on foot.

Martinez and Norman pursued Thomas, according to Hudspeth, who reviewed the case in 2011 to see if it should proceed to trial.

Hudspeth's summary said the officers found Thomas in an open field, and in a disputed turn of events, Thomas was shot. He was unarmed, and the only thing found on him was his leather wallet, Hudspeth wrote.

According to the summary, the officers contend Thomas yelled: “I have a gun. I'm going to shoot you,” and his right arm was extended at chest height. The officers believed he had a gun.

Norman ordered Thomas to drop “the gun,” but Thomas continued to advance toward him, the summary said.

Both officers said they feared for their lives and Martinez fired the first shot. When Thomas did not immediately fall to the ground, Norman fired additional shots, Hudspeth's summary said.

A plaintiff's witness disputed the officers' version and said it was still light out, although records showed the shooting occurred after the sun had set, Hudspeth noted.

The autopsy report showed Thomas had a blood-alcohol content of 0.26 percent at the time, the summary said.

The city and the officers fought over the years to be dismissed from the suit on grounds of immunity, a legal hurdle that is sometimes difficult for plaintiffs to overcome in such cases against public entities.

Hudspeth agreed that the city be dismissed, but not the officers.

The officers appealed to the 5th U.S. Circuit Court of Appeals in New Orleans and lost.

As trial was to begin Monday, the parties informed Hudspeth of the deal. Because the city indemnifies its officers, its insurance carrier may end up paying the tab.

Court papers said City Attorney Michael Bernard still has to run the deal by the City Council for approval.

gcontreras@express-news.net

Twitter: @gmaninfedland