City settles plastic-bullet lawsuit
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The city of Seattle has agreed to pay $30,000 to settle a federal civil-rights lawsuit brought by a man who was shot in the face with a plastic bullet by police near Pioneer Square in 1998.
According to his attorney, William R. Smith will use some of the money to replace the five teeth that were knocked from his jaw when Officer Rudy Gonzalez fired at him with an Arwen 37. At the time, the projectile-firing weapon was one of the few nonlethal weapons used by Seattle police.
Steven Larson, Gonzalez's attorney, said the officers were attempting to avoid using deadly force to stop Smith, who they said refused to obey their repeated command to stop and show his hands.
Larson said the officers were investigating reports of a man in the area armed with a 12-inch bowie knife. Smith, he said, fit the description and had a shiny object in his hand, which turned out to be a beer can.
Smith was later charged with obstruction of justice, but the charge was dismissed.
Smith sued in federal court, accusing the police of violating his civil rights and using excessive force. Before the trial, another officer, the city and former Chief Norm Stamper were dismissed from the lawsuit.
Larson said he believed Gonzalez would have prevailed at trial but opted to settle to avoid the possibility of a larger verdict and the expense of a trial. Smith and his lawyer had asked for nearly $350,000 in settlement talks.
"Still, for me this is still too much," Larson said of the $30,000 settlement.
John Kannin, Smith's attorney, said his client heard only one command from the officers before he was shot. Smith said the officer intentionally fired the weapon into his face, despite manufacturer's recommendations that It be aimed at the torso or leg.
Kannin said police reports indicated the officer was standing 15 feet away from Smith at the time.
Gonzalez insisted that he did not aim at Smith's face and that the man deflected the projectile into his own face.