Settlement on fatal police shooting pulled from Wichita City Council agenda

11/26/2013 10:00 AM

11/26/2013 10:01 AM

A settlement stemming from a fatal police shooting was pulled from the Wichita City Council agenda Tuesday, over what city officials say is an ongoing disagreement about the language in the proposed agreement.

City officials had said they had an agreement with the family of Jerome Dixon to settle the case for $45,000 – primarily for unlawfully detaining Dixon’s family during the incident – but City Attorney Gary Rebenstorf said Tuesday that attorneys continue to negotiate.

“There’s a disagreement over the language in the settlement,” he said.

City agenda documents published online last Thursday appeared to tie the proposed settlement to the shooting as well as to the detention. However, internal city council documents provided to The Eagle on Tuesday said that the parties agree that “the actions of the individual officers in regard to Mr. Dixon were objectively reasonable under the circumstance.”

Rebenstorf didn’t comment on why the settlement negotiations have resumed.

Jerome Dixon was shot by Wichita police in November 2010 when he came to the door as officers responded to a noise complaint. In a lawsuit, Lakeda Dixon said that officers responding to the complaint used excessive force when they fatally shot Dixon in their doorway in front of his two children.

The legal action also claims that Lakeda Dixon and her two children were unlawfully detained by police during the incident.

The lawsuit says that Jerome Dixon didn’t know the officers were present, “posed no immediate threat” to the officers and was holding a handgun pointed downward as he was trying to remove the gun from the home to keep it safely away from his children.

The district attorney’s office found that Dixon’s shooting was justified and that Dixon pointed the gun directly at an officer after being ordered to drop the weapon.

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