A judge cancels $ 37 million awarded to the family of a dead woman in stalemate

A judge overturned a verdict of over $ 37 million made to the family of a woman killed during an armed clash with Baltimore County police.

Korryn Gaines, 23, was shot dead in August 2016 after a multi-hour police interview in Baltimore County. She was trying to follow live the meeting with the police, announced the authorities at the time.

His son, Kodi, then aged 5, was also hit twice, said Kenneth Ravenell, a child's lawyer and his father, Corey Cunningham.

In a notice obtained by CNN, Associate Judge Mickey J. Norman of the Baltimore County Circuit Court stated that the cap. Royce Ruby, who, according to court documents, allegedly shot twice at Gaines, was "entitled to qualified immunity". This means that, as Ruby acting in his capacity as a police officer, he is "protected from civil liability" as long as his conduct did not violate a person's constitutional rights.

"The evidence is clear," read Norman's opinion. "This Court found that Corporal Ruby was entitled to qualified immunity and that, therefore, his shootings against Gaines were not unlawful."

Norman said the court would grant a new civil suit as a result of this new opinion.

The notice also indicates that the non-economic damages granted to the Gaines family were "excessive and shock the conscience".

The jury awarded $ 32.85 million to Kodi Gaines, $ 23,532 to medical expenses and $ 4.53 million to the woman's daughter, Karsyn Courtney, according to Ravenell. He also awarded $ 307,000 to Korryn Gaines' mother, Rhanda Dormeus; $ 300,000 to his father, Ryan Gaines; and $ 300,000 to the Gaines Estate.

J. Wyndal Gordon, Gaines' family lawyer, told CNN late Friday that the family was disappointed by the court's decision, but was "neither defeated nor deterred from doing what needs to be done now. "

"We have excellent issues on appeal and a great opportunity to review not only the recent decision, but also some of the previous decisions, which have been unfavorable," Gordon said. "Nobody told us that the road would be easy, I do not believe that God has pushed us to leave us here, this case is far from over, we will fight to the end." to preserve the verdict of the jury and do justice to the family. "

Cap. Shawn Vinson, spokesperson for Baltimore County Police, told CNN on Friday that Ruby is still a member of the department and sent any further comments to the Baltimore County Communications Office. CNN communicated Friday with the county office, but did not hear from him.

Arm wrestling

On August 1, 2016, three Warrant Officer officers went to serve a man and a woman in the Randallstown area near Baltimore.

Upon arrival, the police heard the voice of a man, a woman and a child crying inside the apartment.

They waited outside the door for about 10 minutes, said Baltimore County Police Chief Jim Johnson shortly after the shooting. Then an agent got a key from the apartment.

The man, Kareem Courtney, was wanted under a warrant of aggression, while Gaines was waiting for a bench warrant for failing to appear in court to face traffic charges, said the police.

Gaines had a 12-gauge Mossberg shotgun, which she pointed at the police, Johnson said.

The officers called a tactical team and waited.

Shortly after, in the impasse, Courtney left the apartment with a 1 year old child and was arrested.

That left Gaines, then Kodi, then 5, at home.

"Gaines was posting a video of the operation while it was going on," said Johnson.

Gaines hesitated between agitation and calm during the meeting, he said. Several times she pointed the shotgun at the agents.

According to the court documents, Gaines would not have let his son go. She was quoted in the documents: "I have a gun, you have a gun, the only difference between you and me is that I'm ready to die and you do not have it." Are not. "

According to the documents, Ruby and the SWAT team were in the hallway in front of the Gaines apartment.

Before the first shots were fired, documents indicate that Gaines moved from her living room to the kitchen, where she "was partially concealed behind an interior wall".

"Corporal Ruby testified that he believed that when Gaines had moved behind the kitchen wall, she had a tactical advantage that enabled her to shoot the officers," according to reports. court documents.

Ruby shot Gaines for the first time and his shotgun was unloaded, according to the documents. Ruby confirmed that he had then heard "the action of pumping the rifle rack" and that Gaines had unloaded his weapon a second time.

"He realized that she was about to shoot again and he shot her a second time," court documents said.

Kodi was hit on the elbow and cheek during crossfire. The cheek injury was superficial, according to documents, but he had to undergo a reconstruction operation at the elbow.

At that time, the authorities said that Gaines was trying to broadcast live the incident on social media.

During the confrontation, the police asked Facebook to deactivate his account on Instagram's Facebook-owned service and Instagram, Johnson told reporters after the shooting.