Suit blames Marianna, officers in man's death

A lawsuit filed in federal court in Helena-West Helena accuses the city of Marianna and several police officers of improperly executing a warrant on the afternoon of April 26, 2013, which led one of the officers to shoot a man, who later died.

The suit alleges that the officers were negligent and violated Simon Davis' constitutional rights when they walked toward his vehicle with guns, without markings identifying themselves as police officers, causing him to believe that he was about to be robbed or shot.

Davis, fearing for his life, attempted to drive away, but the "untrained" officers fired shots at him, the lawsuit states. One of the bullets went through Davis' leg and shot off a portion of his penis, causing him to crash into a light pole, according to the lawsuit.

The suit contends that police impounded the vehicle and had it towed to an impound lot where they searched it five days later and found "what was purported to be crack cocaine, yet there was never a crime lab submission nor a report." It notes that Davis was charged with possession of a controlled substance, but alleges that the criminal case "was designed to cover up the shooting."

The lawsuit notes that the criminal case was dismissed March 9, 2015, because Davis wasn't tried within speedy trial provisions.

The lawsuit doesn't say when Davis died, but alleges that the shooting "caused Mr. Davis severe pain and suffering and loss of enjoyment of life, and he ultimately died from his injuries."

"The shooting of Mr. Davis was excessive and unreasonable, especially because [Davis] did not pose an imminent threat of death or serious bodily injury to" the four officers who were approaching him as he drove off, it says.

The lawsuit, assigned to U.S. District Judge Leon Holmes, seeks compensatory and punitive damages. It was filed on behalf of Davis' survivors by attorney Jimmy C. Morris Jr. of Little Rock.

Metro on 04/27/2016

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