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Texas DPS remains part of wrongful death suit

After losing a family member in a fatal accident, many people struggle to get by financially, as well as emotionally. Wrongful death suits can help families get through the financial struggles by allowing them to recover damages. One mother sued two Department of Public Safety troopers after one of the officers allegedly shot and killed her son in Texas in 2010.

The death occurred when two troopers were chasing the man's car down I-27 to arrest him for a misdemeanor probation warrant. One of the troopers asked his commanding officer if he could shoot at the vehicle. The officer told him to stand down because other officers had already put a roadblock in place to stop the vehicle. The trooper then allegedly went against orders and fired at the vehicle numerous times with bullets hitting the man. The vehicle rolled several times and the man was pronounced dead at an intersection. The man was under the influence of alcohol and cocaine at the time of his death.

The trooper denies that he heard any orders to stand down and says that he was not aiming at the man. The DPS says that the man had called a police dispatcher and told her that he planned to shoot any officers in his path or who were following him.

A jury did not indict the trooper in the shooting in 2010. However, a federal judge has recently refused to dismiss the DPS from the wrongful death suit. Wrongful death suits like these allow family members to recover damages for the loss of income and medical expenses. These damages can help grieving families move forward with their lives.

Source: Amarillo Globe News, "Judge denies DPS motion to be dismissed from wrongful death suit of Tulia man," Jim McBride, March 14, 2013

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Brian Jensen

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