Henry County police officers Robert Butera and Quinton Phillips and Hampton officers Mason Lewis, Marcus Stroud and Gregory Bowlden are charged with malice murder, felony murder, aggravated assault and violation of oath by public officer.
The tentative agreement amounts to roughly $15 million to be awarded to the family of Elijah McClain, KCNC-TV in Denver first reported Wednesday, citing three unnamed sources familiar with the negotiations.
The proceedings will focus on: the arrest and use of force against Garner, the filing of official documents concerning Garner's arrest, the alleged leaking of Garner's arrest history and medical condition from the autopsy report, as well as the alleged lack of medical care for Garner.
A lawsuit by the family of a man who died in a holding cell was dismissed by a federal circuit court, but the Supreme Court ruled it needed further review.
The indictment comes just over two years after Elijah McClain, 23, died after being detained by the officers and injected with the sedative ketamine by paramedics.
President Joe Biden will hold an event at the White House hosting the family of George Floyd. Will they host the families of the officers killed in the line of duty last year? I'm guessing that's a "hard no."
In a 27-page complaint, the family says that Daniel Prude's death, and alleged attempts by the department and city officials to later cover it up, violated his constitutional rights protecting against unreasonable search and seizure. Officials also failed to adequately respond to his medical condition, the complaint states.
The Rochester police union president has defended the officers who arrested Prude, saying they appeared to follow protocol and urging changes to procedure if necessary. “Let’s not indict a police officer at the lowest level so the public feels or the family feels that there some semblance of justice,” Michael Mazzeo, president of Rochester Police Locust Club said last year.
In decisions upholding the terminations of Aurora Officers Erica Marrero, Kyle Dittrich and Jason Rosenblatt, the Aurora Civil Service Commission noted that the photo caused pain for McClain's family and hurt already-strained relations between police and the community.
The officers, the department said, were transported to a local hospital along with a third officer who was injured during the incident.
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