City agrees to pay $900K to family of man killed in 2012 Wichita police shooting
The family of a 23-year-old Wichita man who was fatally shot by police in 2012 has reached a $900,000 settlement in their lawsuit against the city of Wichita.
The settlement comes just weeks before claims in an excessive force lawsuit filed by the parents of Marquez Smart were set for jury trial in federal court. Smart’s parents, Brenda and Randall Smart, sued the city over the shooting in 2014, alleging Wichita police officers Lee Froese and Aaron Chaffee violated their son’s Constitutional rights on March 10, 2012, when they shot him five times from behind as he ran away from an Old Town club where someone had fired into a crowd at closing time.
Evidence suggests three of the bullets hit Smart in the back while he was unarmed and lying face down on the ground with his arms outstretched. He died later at a Wichita hospital.
Three years ago, in 2018, a federal court judge ruled the lawsuit should be dismissed because the officers were protected by qualified immunity. But a three-judge U.S. Court of Appeals panel reversed the decision last year, saying a jury should decide whether the officers violated Smart’s rights.
The Wichita City Council on Tuesday voted 5-1 to approve the $900,000 settlement following two 10-minute executive sessions. Council member Bryan Frye voted against approving the settlement. Council member Jeff Blubaugh was absent.
The payment will resolve all state court and federal civil claims arising out of Smart’s death, including claims for attorneys fees and costs.
An attorney representing Smart’s parents in the case said while “the family is relieved a settlement was reached, they deeply miss their son.”
“The fact is no amount of money can ever address the tragic pain and trauma caused by his death,” Ben Stelter-Embry said. “The family hopes that Marquez’s death will serve as a catalyst to effectuate systemic change within the Wichita Police Department so that no other families will endure their loss, trauma, or heartbreak.”
City spokeswoman Megan Lovely declined to comment on the settlement.
In 2014, the Sedgwick County District Attorney announced the officers would not face criminal charges over Smart’s killing.
This story was originally published July 16, 2021 at 4:14 AM.
