Who is to blame? (Way off Topic), Man dies running from Police Options

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Lawsuit says authorities watched suspect drown
Man claims officers refused to help his son, who jumped into a lake to escape an arrest.


By Vic Ryckaert
vic.ryckaert@indystar.com
August 19, 2003


The father of a 17-year-old who fled from police and drowned in a Far-Eastside lake claims the officers stood by, watched and allowed his son to die.

Johnny Curry filed a lawsuit Monday in Marion Superior Court, blaming his son's death on police negligence.

"Joseph McHugh struggled and requested help for approximately 10 to 15 minutes and told officers he would drown," Curry's attorney, Mark Alderfer, wrote in the five-page complaint. "Officers and deputies from various agencies stood by and watched Joseph McHugh struggle for his life and negligently, willfully and maliciously refused to render aid."

McHugh was a passenger in a car stopped about 4 a.m. on Aug. 19, 2001, near the Marina Apartments, in the 9500 block of Shoreland Drive. After a preliminary blood-alcohol test placed him at 0.08, McHugh bolted from police, ran past a sign warning "no swimming in the lake," and jumped in. Officers lost sight of him. His body was discovered two days later.

Curry claims the officers could have used a small boat already in the lake to rescue his son. He said the officers were poorly trained and supervised and violated McHugh's civil rights by failing to assist him after he was in their custody. Curry claims that by allowing his son to die, the officers used excessive force. In Indiana, the maximum a jury may award for a wrongful death case is $300,000.

The lawsuit names as defendants the Marion County Sheriff's Department, former Sheriff Jack Cottey, the Indianapolis and Cumberland police departments, the town of Cumberland and every officer who responded to the scene.

Shortly after McHugh's death, his family said he ran because he faced arrest on warrants -- one was for a probation violation, the other was for theft.

Police said divers arrived within minutes but were hampered by murky waters that limited visibility.

Lt. Phil Burton, a spokesman for the Marion County Sheriff's Department, declined comment. Others named in the suit could not be reached for comment.