Date: 07-12-2024

Case Style:

Kristi Williams v. Sheehan Miles, et al.

Case Number: 3:18-cv-12973

Judge: Robert Kirsch

Court: United States District Court for the District of New Jersey (Mercer County)

Plaintiff's Attorney:

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Defendant's Attorney: J. Brooks Didonato

Description:

Tenton, New Jersey personal injury lawyer represented the Plaintiff who sued the Defendants on civil rights violation theories.

"On August 27, 2016, Decedent-Plaintiff Alfred C. Toe ("Decedent Alfred Toe") and his brother, Plaintiff Constantine Toe ("Constantine Toe") (together with Decedent Alfred Toe and Kristi Williams, "Plaintiffs"), attended a repass memorial at the property located on Roosevelt Avenue in Trenton, New Jersey. (Compl. (ECF No. 1) ¶¶ 22, 24.) Miles was also in attendance at the event. (Id. ¶ 27.) Alcohol was being served, and Miles was allegedly consuming alcohol and possibly smoking marijuana during the course of this event. (Id. ¶¶ 25, 27.) Decedent Alfred Toe became embroiled in an altercation with another attendee and proceeded to retrieve his brother's gun, which was located within his brother's car. (Id. ¶¶ 28, 29.) Constantine Toe saw his brother returning with the gun and, during an ensuing confrontation, the weapon accidently discharged, with a bullet striking Constantine Toe's hand (Id. ¶ 30.) It was at this time that Miles, in plain clothes and with his weapon drawn, approached the scene and ultimately arrested Constantine Toe. (Id. ¶¶ 32-34.)

Miles, while kneeling on Constantine Toe, took possession of Constantine Toe's weapon and kept his own weapon drawn. (Compl. (ECF No. 1) ¶¶ 39-41.) Decedent Alfred Toe called out for Miles to "get of my brother"; it was unknown to Decedent Alfred Toe that Miles was a Trenton Police Department Officer as he had not identified himself. (Id. ¶¶ 43-46.) Miles told Decedent Alfred Toe to "stand back" and, though no contact or struggle ensued, shot the unarmed Decedent Alfred Toe in the chest at a distance of at least 5 feet. (Id. ¶¶ 47-51.)

Constantine Toe, still handcuffed and laying on the ground, pleaded with Miles to render aid and watched as Decedent Alfred Toe bled out in front of him. (Id. ¶¶ 52-53.) Plaintiffs allege that after shooting Decedent Alfred Toe, Miles did not immediately secure medical attention and began to panic. (Id. ¶¶ 55-56.) They further allege that other "[Trenton Police Department] Officers, representatives, agents and Supervisory level employees conspired to cover up the shooting." (Id. ¶ 58"

Outcome: Settled for an undisclosed sum and dismissed with prejudice.

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Defendant's Experts:

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