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El Paso County Will Pay In Stun Gun Case

Couple Will Get $56,000 In Settlement

POSTED: 8:14 pm MST December 29, 2009
UPDATED: 12:09 am MST December 30, 2009

The El Paso County commissioners have voted to pay $56,000 to settle a federal lawsuit brought by a man shot by a sheriff's deputy with a stun gun.

Jiles Theron Bennett, of Peyton, agreed to drop a federal civil rights complaint as part of the settlement. The money will be paid to him and his wife, Jill, according to the Colorado Springs Gazette.

Deputy Jerome Mercado-Vargas shot Bennett with a stun gun in February 2007 after stopping Bennett for driving too slowly near the intersection of Highway 24 and Meridian Road.

El Paso County Sheriff Terry Maketa defended the deputy but said the county decided not to proceed with the federal lawsuit because Mercado-Vargas is ill.

In the lawsuit, Bennett alleged that the arrest constituted an unreasonable seizure and involved the use of excessive force, both violations of the Fourth Amendment. Bennett also claimed that he suffered injuries and emotional distress.

Mercado-Vargas said he used the stun gun after Bennett became agitated during the traffic stop, according to the newspaper.

El Paso County also paid approximately $105,000 in legal fees and other costs associated with the federal lawsuit, El Paso County spokesman Dave Rose said Tuesday.

Bennett figures he'll have about $1,000 of the settlement left after he pays legal fees and medical expenses. He said he views the settlement as vindication.

"I've had enough. I want some closure on this whole thing," Bennett told the Gazette. "It was a bad experience in my life and I want to move on."
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