Ex-cop sues city over his dismissed arrest
Former officer was arrested in killing, then case was dropped; malicious prosecution alleged
By Jon Murray
Posted: December 18, 2009.Comments(2)RecommendE-mailPrintShare.A
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A former Indianapolis police officer has sued the city over his arrest in the fallout of a 2008 New Year's Day killing outside his family's bar.
Gunfire erupted in the early morning hours at Durty Nelly's Eatery & Pub. Shots killed a security officer for an event promoter and injured four others.
Police initially publicized officer Shannon W. McComas' arrest on a preliminary murder charge, but later he was formally charged only with assisting a criminal. Prosecutors eventually dismissed the case.
McComas' lawsuit, filed Wednesday, seeks unspecified compensatory and punitive damages on claims of false arrest, malicious prosecution and wrongful termination.
Sunungura "Go-Go" Rusununguko, who was working security for the bar, faced murder and aggravated battery charges. Prosecutors dropped those charges and McComas' after evidence showed Rusununguko's gun hadn't fired the fatal shot that hit Ronnie Croom Jr., 30. Police have made no new arrests.
Indianapolis Metropolitan Police Department spokesman Lt. Jeff Duhamell and Jon Mayes, the city's chief litigation counsel, declined to comment on the lawsuit's allegations.
Beyond a week he spent in jail, the lawsuit says, the episode cost McComas his career and damaged his reputation. That much has become evident as he has looked for jobs in law enforcement and investigation, McComas said in an interview Thursday.
"Why would they hire somebody who's went through what I went through?" said McComas, 34, who was an officer for six years. "I don't know how you repair the things they did."
Durty Nelly's closed after the incident. McComas' father-in-law owned the bar at 2805 N. Franklin Road, and his wife was the manager. At the time, McComas was on sick leave from IMPD, and the department was investigating his links to the bar.
His suit cites police statements to the media that security video showed McComas holding a gun later used by Rusununguko. The object turned out to be a Taser.
Yet McComas was arrested, the suit says, despite homicide Detective Ed Brickley telling McComas' wife days earlier that the video had convinced him McComas had no involvement.
While in jail, the lawsuit says, McComas resigned under duress when then-Assistant Chief Clifford Myers and then-Deputy Chief Patricia Holman handed him a pretyped resignation letter.
"It's pretty clear that his supervisors did not like him and wanted to get rid of him," said Jeffrey McQuary, McComas' attorney. "There are procedures to get rid of him. Those procedures don't include falsely arresting him for murder."
The lawsuit, filed in U.S. District Court in Indianapolis, names the city, Brickley, Myers and Holman as defendants.
Earlier this year, Croom's family sued McComas and Durty Nelly's owners. Two suits by other shooting victims also are pending against the former bar's owners.
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1 comment:
Hell yea sue the shit outta them
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