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

[seanery]

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.

[seanery]

This is the kind of thing that pisses me off!

People should be held accountable for their actions. This man is suing because his son was drinking at 17, driving drunk, and ran from the police, and now the police are responsible because his dumbass son jumped in a lake and drowned! WTF!!

Stand up and take responsibility and quit blaming everyone else for poor parenting!

[Curvie Roadlover]

For the most part, I agree with you. However, the police should not stand by and watch the guy drown without trying to save his life in spite of his predicament being his own fault. Tough call unless you were there and witnessed exactly what happened. (IMG:style_emoticons/default/confused24.gif)

[seanery]

Did they really just stand and watch? We don't know. I really doubt it.

[si2t3m]

(IMG:style_emoticons/default/agree.gif)

I also agree with ''Stand up and take responsibility and quit blaming everyone else for poor parenting!''

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

good start for a 17year old... What's next...

Probably a good thing for the society that he's sleeping with the fish now...

I'm guessing that some lawyer came running to the family with the '' you know, we might get money out of this''

nuff said!

back to my boring work.

Marc-André

[Ferg]

I agree that you had to be there on this one. It saws that they lost sight of him, If I was the police officer, I would have a hard time rowing out into the dark lake not knowing at the time if the suspect was armed and why he fled...
Sad story on both sides, I'm sure the officers feel bad a life was lost as well, but I don't see them as contributers to that life being lost.
Ferg.

[Rockaria]

There should be a law: "Run from police and they are allowed to beat the living s__t out of you." I am so tired of seeing people running from the police and putting innocent peoples lives at risk. To get past the "Ethnic issue" They should have a specially formed taskforce to actually do the beating. Sorry to offend here! But man..... Or maybe the holding cell for these offenders should be with a horney psycho killer on dope.

Flame away, but I feel the laws are too lienient and people get away with too much. "Drink&Drive should = Life sentence with no parole." That could have been my little girl the Drunk driver killed/almost killed. They choose to drink and drive. The little girl has no choices.

Okay, Rant Over!

[Lawrence]

This is going to sound crazy coming from me.. but here goes... (IMG:style_emoticons/default/blink.gif)

I absolutely do not trust the government in general, or the police in particular. Way too much power, unaccounted for, in unknown hands. But I also believe there are real conspiracies out there - so maybe I'm just nuts.

So, I have to disagree with "run from the police, and they can beat the living **** out of you".

just MHO,
Rusty (IMG:style_emoticons/default/smoke.gif)

P.S. The only people that really know what happened that night, are the ones who were there. One of them isn't talking anymore.

[vortrex]

rockaria sounds like our smartest forum member.

police should have the license to kill ANYONE who runs from them, armed or not.

I really like the story in the LA area about the cop who is going to court because of abusing the teen at the gas station. of course they make it sound like the cop just picked a random good kid and starting beating him. if has NOTHING to do with the fact that the kid hit the cop in the face and bloodied him. the cop should have put a round in the kids worthless head right then and there.

[Lawrence]

Hit a police officer? Totally different thing. They should be able to use what force is required to put you into submission - but no more. And certainly not the use of deadly force, unless they are protecting their own (or someone else's life).

Run? And get shot in the back for that? That's insane.

-Rusty (IMG:style_emoticons/default/smoke.gif)

[vortrex]

why is that insane? why are people running from the cops in the first place? why can't people just behave in this country and abide by the laws? there is so much crime here because people know they can get away with anything.

[Part Pricer]

This is an area in which I actually have some experience. Two years ago, I was on a jury for three weeks on a similar case. The police were charged in the wrongful death of a man that they had taken into custody.

I think that you have to consider that police officers are responsible for the safety of an individual once they are in custody. This guy may have not had cuffs on or had been arrested. But, he had been given a blood alcohol test so he was clearly in police custody.

The guy bolted and dove in a lake. Was he a danger to the public or the police officers? Probably not. I would almost guarantee that the officers made sure that he wasn’t carrying any weapons prior to giving him the blood alcohol test.

It may not be popular and is contrary to my personal beliefs, but the officers involved were negligent in their duties. They were responsible for the safety of the individual and they were responsible for controlling the suspect.

Now, the maximum a award for a wrongful death case in Indiana may be $300,000. However, the claim that “the officers were poorly trained and supervised” opens up a completely different can of worms. This happened in the case that I was on as well. This opens the case up for negligence charges as well as the wrongful death charge. By naming the Marion County Sheriff's Department, former Sheriff Jack Cottey, the Indianapolis and Cumberland police departments, and the town of Cumberland as well as the officers involved, the plaintiff has expanded the scope of potential damages. I think the reporter missed a big one there.

[Lawrence]

Why is it insane?

Because the police aren't always right, and the system isn't always fair. Someone dying because they run from the police is EXCESSIVE, to say the very least. Welcome to Nazi Germany.

I agree that crime is out of control, but what we need is more effective enforcement of laws that already exist - not new or expanded powers given to the Executive Branch, regardless of what level they're on.

v/r
lkb

[seanery]

vote in the damn poll!

[Lawrence]

vote in the damn poll!

Okay, okay.. jeez! (IMG:style_emoticons/default/finger.gif)

I suggest that we allow Admins to kill people who refuse to vote in polls. (IMG:style_emoticons/default/mueba.gif)

[Curvie Roadlover]

I think that you have to consider that police officers are responsible for the safety of an individual once they are in custody. This guy may have not had cuffs on or had been arrested. But, he had been given a blood alcohol test so he was clearly in police custody.

The guy bolted and dove in a lake. Was he a danger to the public or the police officers? Probably not. I would almost guarantee that the officers made sure that he wasn’t carrying any weapons prior to giving him the blood alcohol test.

It may not be popular and is contrary to my personal beliefs, but the officers involved were negligent in their duties. They were responsible for the safety of the individual and they were responsible for controlling the suspect.

(IMG:style_emoticons/default/agree.gif)
I'm sure there is shared responsibility here inthis young mans' death, the police and his own. Only those there know the truth. Running from the police, IMHO is very likely to get you roughed up and probably deservedly so. But not killed! And I'm talking about physically running, as in- on your feet. Running in a car puts innocent lives at risk. That's a whole different thing.

[Part Pricer]

I wish I could vote in the damn poll. But, I pushed the wrong effin' button. It won't let me vote now.

Maybe Rusty can fix that for me.

[Lawrence]

You pushed the wrong button?

Lemme look and see what I can find... I don't want to reset the whole poll.

What vote did you cast, and what did you mean to cast?

[vortrex]

I guess I'm a little less paranoid because I don't plan on running from the police or breaking any laws. there wouldn't be the need for such executive power if people would just behave. but, seeing as people will never behave without severe consequences, so be it.

fact of life...people who run from police have either had a criminal history or have just commited a crime, and will commit future crimes. it's an endless spiral.

kill 'em all.

[vortrex]

I think that you have to consider that police officers are responsible for the safety of an individual once they are in custody. This guy may have not had cuffs on or had been arrested. But, he had been given a blood alcohol test so he was clearly in police custody.

The guy bolted and dove in a lake. Was he a danger to the public or the police officers? Probably not. I would almost guarantee that the officers made sure that he wasn’t carrying any weapons prior to giving him the blood alcohol test.

It may not be popular and is contrary to my personal beliefs, but the officers involved were negligent in their duties. They were responsible for the safety of the individual and they were responsible for controlling the suspect.

(IMG:style_emoticons/default/agree.gif)
I'm sure there is shared responsibility here inthis young mans' death, the police and his own. Only those there know the truth. Running from the police, IMHO is very likely to get you roughed up and probably deservedly so. But not killed! And I'm talking about physically running, as in- on your feet. Running in a car puts innocent lives at risk. That's a whole different thing.

running from the cops or not, it's not like they threw him into the water. the results here are totally the result of the kids actions.

0. criminal history

1. breaking the law

2. running from the law

3. jumping into a lake