Boulder Settles Suit With Man Hit With Pepper Ball
Police Were Trying To Disperse Crowd Of 1,500 On Halloween
POSTED: 7:50 pm MST March 3, 2010
UPDATED: 5:26 am MST March 4, 2010
BOULDER, Colo. -- The Boulder City Council approved a settlement paying $230,000 to man who was struck in the eye by a police pepper ball during a 2004 riot. City officials did not say why they decided to settle the federal lawsuit Tuesday filed by Jonathan Lemery, who now lives in San Diego. Lemery was 22 years old and a University of Colorado student when the riot broke out after a street party on Halloween. Police were trying to disperse a crowd of about 1,500 when Lemery said he approached a police officer to ask for help removing some people who got into his house. That's when he said the officer fired a pepper ball at him.
The lawsuit said Lemery lost depth perception and peripheral vision in his right eye and suffers from double vision.The city permit for the street party was for 150 people, but it quickly grew out of control as cars were turned over and fires started.Nearly 100 law enforcement officers from six departments were called out to disperse the crowd. They used tear gas, pepper spray balls and rubber pellets.Damage from the riot totaled more than $18,000 and resulted in 18 arrests. Charges included inciting a riot, engaging in a riot, criminal mischief, obstruction and arson.Afterward, police investigated 16 complaints against Boulder officers during the riot.Officer Richard French, who admitted firing the shot, had a permanent letter of reprimand placed in his employment file.Lemery's attorney, Mike Thomson, issued a written statement about the settlement after the council's vote, according to the Boulder Daily Camera.He said that while the city might be glad that the case is finally over, "they must also recognize that there was a massive failure at the administrative level in this case.""Given the history surrounding Halloween in this city, there were some astoundingly stupid administrative decisions made which put both the police and innocent civilians like Jonathan Lemery in a very bad situation," Thomson wrote. "... If I were on the City Council, I'd want to know why the officer who shot Jonathan Lemery still thinks he did nothing wrong."Sarah Huntley, a spokeswoman for Boulder police, said French is still a patrol officer for the department and a member of the SWAT Team. She called the settlement "fair" and said it was a good resolution to the case.Huntley, however, told the Daily Camera that the department still thinks the shot that hit Lemery ricocheted off a car that French said he was aiming at because he thought a group of people were using it as cover while throwing objects at police."Officer French did not intentionally aim for this individual," she said.
Previous Stories:
- February 25, 2010: Boulder Weighs Settlement Of Police Abuse Lawsuit
- June 17, 2005: Boulder Officer Reprimanded In Halloween Riot Probe
Copyright 2010 TheDenverChannel.com. The Associated Press contributed to this report. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
The following are comments from our users. Opinions expressed are neither created nor endorsed by TheDenverChannel.com. By posting a comment you agree to accept our Terms of Use. Comments are moderated by the community. To report an offensive or otherwise inappropriate comment, click the "Flag" link that appears beneath that comment. Comments that are flagged by a set number of users will be automatically removed.





