NASSAU-A Supreme Court judge has awarded $100,000 for pain and suffering to Corporal Darren Rutherford, who was wounded by friendly fire.
Justice Indra Charles found the Commissioner of Police and Attorney General liable for Rutherford’s shooting on August 26, 2011.
The defendants have already paid all of Rutherford’s medical expenses related to his hospitalisation and surgeries.
Rutherford sued for damages, alleging negligence and breach of duty of care by the Commissioner of Police and his agents.
However, the defendants denied liability and said the shooting was accidental.
The government did not reach a settlement and the matter went to trial.
Constable Daniel Ford shot Rutherford in the shoulder while executing a search warrant on a home at McCullough Corner East. They were part of an eight-man team in search of a suspect.
As a result of the shooting, Rutherford sustained nerve damage. He also suffered minor back injury and an injury to the hand.
To this date, Rutherford still experiences pain.
Negligence
Police had information that a robbery suspect armed with an AK-47 assault rifle was in the home.
During the operation, Rutherford and two other officers entered the home and arrested the suspect and three others. Ford and four officers stood guard outside.
Rutherford’s team informed the officers on the outside that the house was cleared but the search for the weapon continued,
Ford shot Rutherford as he kicked open a door to a room attached to the main home.
Ford testified that he feared for his life when he saw an unidentified man with a handgun when the door swung open, and quickly closed.
Since Ford knew that three armed officers were inside the home, Justice Charles said he should have confirmed the identity of the gunman before he fired.
Justice Charles said, “He also failed to exercise reasonable skill, care and diligence while acting in his capacity as a police officer.”
Justice Charles found the defendants acted negligently by issuing Ford an Uzi sub-machine gun that he didn’t have the training to use.
