A unique way to find justice after a terrible tragedy.
Such cases often drag out for years, and the circumstances of Gifford's death were such that a settlement might well have been large enough to bankrupt Kiowa,, as well as Eads, thereby saddling residents with potentially enormous tax increases, service losses and more.
Holland thinks the resolution was just for all involved."If we'd gone before a fully informed jury during a two- or three-week trial, we felt like the damages would have been greater than the insurance policy, and we would have been in no better position than we are now," he says."There'd still be a capped policy, a poor county and individuals who couldn't afford to pay the kind of judgment that was deserved.
Deputy Sheriff Quinten Stump arrived shortly after, even though he was actually under suspension at the time for what the complaint synopsizes as"insubordination"; he also had a history of using force to stop suspects from fleeing. Three examples are included in the lawsuit, including an episode on Christmas Day 2019, when he opened fire on a stolen truck.
The lawsuit notes that during this span, Gifford's life was"dominated with pain and suffering including his consciousness of impending death. ... One bullet went through his right thoracic back, perforating the skin, subcutaneous tissues, musculature, posterolateral right rib, right lung, and the anterior right third intercostal musculature before exiting. Another bullet perforated the skin, subcutaneous tissues, and embedded in the muscle of his right lower back.
That led to the creation of the panel, with each side choosing two members who then considered evidentiary submissions with respect to liability and damage issues. The $9.5 million settlement was accompanied by these non-monetary terms: 3. The County will, in consultation with the family, erect a suitably located prominent memorial commemorating Zach’s life including his name, date of birth, the case event and a meaningful passage or scripture to be selected by the family and approved by the County’s Board of County Commissioners.
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