Family sues LR police officers after killing

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LITTLE ROCK, Ark. (AP) – The family of a man shot and killed by Little Rock police sued the city and the police department Monday, claiming officers conducted an illegal search that led to a fatal confrontation.

An attorney for Troy Ellison filed the lawsuit in federal court in Little Rock. It accuses officers Donna Lesher and Tabitha McCrillis of entering the home of Eugene Ellison without his permission last December and then using excessive force when Lesher shot Ellison.

The lawsuit also targets the city of Little Rock, the police department and the apartment complex where Eugene Ellison, 67, lived.

Troy Ellison is currently a detective in the department, and his brother, Spencer Ellison, is a former Little Rock officer who now teaches at Tyler Junior College in Texas.

The lawsuit accuses Lesher and McCrillis of entering the open door to Ellison’s apartment at the Big Country Chateau Apartments without a proper reason. It accuses McCrillis of making the first physical contact by shoving Ellison, starting a “physical struggle” between the three. When two officers arrived for backup, Ellison was crouched in a corner, the lawsuit alleges. It accuses Lesher of shooting Ellison while he tried to retrieve his cane.

Pulaski County prosecutor Larry Jegley has ruled the shooting to be justified, saying the two officers had no choice because Ellison attacked them with his cane and could not be subdued. Mike Laux, an attorney for the Ellisons, says authorities did not properly investigate the incident and disputed that Eugene Ellison had tried to attack the officers.

“This was a most reckless and callous act by Officer Lesher,” Laux said at a press conference Monday.

Laux described Troy Ellison, who plans to continue working for the department, as “conflicted,” but said both sons wanted justice for their father.

Though the lawsuit doesn’t ask for a specific amount in damages, Laux said he would request “significant sums of money.” It accuses the city of permitting a “widespread custom and practice of permitting warrantless entries and acts of excessive force” by police.

The family also filed a civil rights complaint with the FBI earlier this year. FBI spokesman Steve Frazier did not return a request for comment Monday. Police spokesman Lt. Terry Hastings and city spokeswoman Meg Matthews also did not respond to requests for comment. Ellison’s apartment complex did not have a phone number listed.

Statement from LRPD Chief Stuart Thomas, Oct. 17:

The Department has received a copy of the complaint filed today by Troy Ellison, plaintiff, against Officer Donna Lesher, Detective Tabitha McGrillis, myself, the City of Little Rock, and Big Country Chateau, LLC. While a response on behalf of the City and its named employees will be filed in the proper venue in a timely manner, I will at this time state that this incident has undergone intense Departmental review and that the actions of the officers were exonerated by both the Prosecuting Attorney and the Department. Further, I do not believe that the proof will ultimately support the allegations of unlawful customs or practices by this Department, and I have been assured of a vigorous defense by the City Attorney’s Office.

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Eugene Ellison killed by LR police officers, family sues LRPD

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LITTLE ROCK, Ark. (KTHV) — A man is shot and killed in his home by Little Rock police officers. His family takes action filing a federal civil rights lawsuit. Officers shot and killed Eugene Ellison in December of 2010. The Little Rock Police Department conducted an internal investigation and found the shooting justified. Ellison’s family says he posed no threat to the officers. Today they met at the Capitol hotel to announce the lawsuit.

A lawsuit filed in Federal court says Little Rock officers Donna Lesher and Tabitha McCrillis used excessive force and conducted an unlawful search against 67 year old Eugene Ellison. Authorities say the officers had to shoot Ellison after he attacked them when they entered his home last December while working off duty as security officer for the Chateau Apartment complex.

Prosecutor Larry Jegley investigated the case and filed no charges against the officers. Ellison’s family is suing the city of Little Rock and the officers for wrongful death. Attorney Michael Laux says Ellison’s death was avoidable. “There are literally hundreds of scenarios that could have unfolded and none of them would have resulted in Mr. Ellison’s death.”

Eugene’s two sons both have worked in law enforcement. Troy is currently a detective with the Little Rock police force Spencer teaches law enforcement classes and wants their lawsuit to shed a light on the issue. “Our hope and intentions are to seek justice only I also want to increase awareness and the facts about this traumatic event so that others may come forth as we did.”

Laux says they are seeking significant sums of money in compensation for damages, but wouldn’t say exactly how much. The lawsuit lists 11 counts.

Statement from LRPD Chief Stuart Thomas, Oct. 17:

The Department has received a copy of the complaint filed today by Troy Ellison, plaintiff, against Officer Donna Lesher, Detective Tabitha McGrillis, myself, the City of Little Rock, and Big Country Chateau, LLC. While a response on behalf of the City and its named employees will be filed in the proper venue in a timely manner, I will at this time state that this incident has undergone intense Departmental review and that the actions of the officers were exonerated by both the Prosecuting Attorney and the Department. Further, I do not believe that the proof will ultimately support the allegations of unlawful customs or practices by this Department, and I have been assured of a vigorous defense by the City Attorney’s Office.

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Family Of Man Killed By Off-Duty Police Officers Sue City Of Little Rock

[vc_row][vc_column width=”1/1″][vc_column_text]The City of Little Rock and several of its police officers face a federal civil rights lawsuit. The legal action stems from an incident on December 9, 2010 when two off-duty police officers, who worked as security guards at a local apartment complex, entered the apartment of 67-year-old Eugene Ellison without a warrant and one officer ultimately shot and killed Ellison during a struggle.

An internal investigation cleared the officers of any wrongdoing, but Attorney Michael Laux says the officers used excessive force and the sons of the deceased are seeking compensatory and punitive damages.

“The invasion of Mr. Ellison’s home and his killing by these officers were gross violations of his constitutional rights, as well as the laws of the State of Arkansas,” said Laux. “The conduct of these officers in entering Mr. Ellison’s home and shooting him dead was but a natural and predictable byproduct of a culture that has apparently taken hold at the Little Rock Police Department.”

Laux says the police department has a long track record of disregarding excessive force claims against its officers and the only reason the two off-duty cops entered the apartment that day was to find out why Ellison’s front door was ajar.

Spencer Ellison, a former detective with the LRPD, says his father’s death could have been avoided.

“We pray that justice is served. It is our desire and hope that no other family will have to experience the pain and emotions that we have endured for the last 10 months,” said Ellison.

Officials with the Little Rock Police Department said the have no comment at this time on the lawsuit, but Police Chief Stuart Thomas is expected to release a statement in the coming days.[/vc_column_text][/vc_column][/vc_row]