UPDATED - April 5, 2011
Co. Commission among defendants in wrongful death suit By SCOTT WRIGHT CENTRE — The Cherokee
County Commission, already involved in one legal tussle with the Board of
Education, got more bad news late last week. The county
government received official word Friday that it, along with several other
individuals and municipalities, has been named in a wrongful death lawsuit
involving a high-speed chase through The lawsuit,
electronically filed in the office of Circuit Clerk Dwayne Amos at 3:30 p.m.
on April 1, charges that the county, along with the towns of Collinsville
and Cedar Bluff, Sheriff’s Department deputy Tracy Dixon, Cedar Bluff police
officer J.P. Curry and Collinsville officer Merwyn Harrison acted with
negligence and “disregard for public safety” while pursuing Brian Lynn
Jenkins in April 2009. The chase through
the Sand Rock area on County Road 17, ended with Jenkins being killed when
he was ejected from his vehicle after it was struck by a police car driven
by one of the officers. The lawsuit states
that, as a result of contact between the two vehicles at high speed, “Brian
Lynn Jenkins suffered severe bodily injuries when the impact caused his
vehicle to leave the road … ejecting him from the windshield on impact,
causing his death.” The suit was initiated by Michael L. Jenkins, acting as executor of the deceased. The lawsuit, which seeks $50,000 in damages, also calls into question the training the officers received and the various departments' policies regarding the use of force. Gadsden attorney Clark Stewart represents the Jenkins estate, and told The Post the officers were responding to calls from the area that shots were being fired at homes and road signs. Stewart admitted his
client began the chase by attempting to elude the officers. But he said the
actions of the law enforcement officers involved in the high-speed dash
through rural Cherokee County were senseless and had catastrophic
consequences. “Ten minutes in to
the chase, which occurred at 2:30 a.m., the officers knew who he was and
they knew his license plate number, where he lived, everything,” Stewarts
said. “My client was being pursued by three vehicles for something that was
not worthy of a death sentence.” Jenkins was the son
of Patricia Jenkins, owner Pat’s Handy Mart in Sand Rock. In January 2009,
she was sentenced to ten years in prison for unlawful possession of
precursor chemicals used to manufacture methamphetamine and five counts of
attempted manufacturing.
Stewart said his client’s behavior on the night he died
may have been a snap reaction to what Brian Jenkins considered an excessive
sentence for his elderly mother. “He was a Local attorney Bill
Hawkins, who represents both the county and the town of Cherokee County Sheriff Jeff Shaver could not be reached for comment.
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