Fulton County has paid $2 million to settle a lawsuit connected to a 2011 police shooting where an officer mistakenly shot a 16-year-old in the back of the head while the teen was on his knees with his hands in the air.
The officer, Cpl. Benjamin W. Griggs, is still employed as a Fulton County police officer. The civil rights case against him was set to go to trial this week in federal court, but the county and the family of DeAnthony Cunningham finalized a settlement last week.
“This was a good officer who made a bad mistake,” said Craig T. Jones, who represented Cunningham’s family. “He was willing to own up to that. The county did the responsible thing to settle the case.”
Cunningham, who nearly died from the shooting, has spent the past five years recovering. He underwent 18 surgeries and amassed more than $1 million in medical bills. He is now 21, and has had to learn how to walk again and has undergone years of speech therapy.
He said he doesn’t hold a grudge against the officer and, with the legal case behind him, he’s trying to move on to the next stage of his life.
“What happened, happened,” he said. “It could have been way worse. I could have died right there on impact. I could have died on the way to the hospital. I could have died in the hospital.”
A stolen car, a foot chase and an accident
The incident occurred near a gas station in Union City just past midnight on July 29, 2011. Cunningham was riding in the passenger seat of his friend’s Honda Accord.
Fulton County Officer Michael Guin ran the tag and discovered the car was stolen two months earlier. When Guin approached the vehicle with his gun drawn, Cunningham panicked and ran into some nearby woods, according to his lawsuit.
When Guin tried to arrest the driver, the driver broke free and struck the officer, running away with one wrist handcuffed. Cpl. Griggs arrived to provide backup and a tracking dog barked when he spotted Cunningham in the woods.
The teen was on his knees with his hands in the air, when Griggs accidentally shot him in the head. Griggs' attorney, James Dearing, on Monday said his client is remoreseful about the shooting, but he did not care to comment about specifics of the settlement.
“It was an accident,” Dearing said. “He’s very sorry this happenned. It was totally unintended. He has suffered emotionally quite a bit, basically reliving that evening. He was very, very sorry. We’re all very thankful it appears the young man is making some tremendous strides regaining his health and hopefully moving on with his life.”
A Fulton County spokeswoman declined to comment about the case.
Money to be held in trust
After attorney fees and medical costs, the remainder of the settlement will be placed in a special needs trust for Cunningham to cover future medical bills and living expenses, Jones said.
Felice Cunningham said she quit her job after the shooting to help care for her son. He was about to enter his junior year in high school, but had to restart all together high school because of the injury to his head. This week was his first week of 10th grade.
She said all the attention given police shootings in America the past two years has been tough to watch. With each new shooting and death, she's reminded how close she came to losing her only child.
“Sometimes I wish I could see those mothers and just wrap my arms around them and let them know,” she said. “It’s tough. It’s really tough. I’m getting tears….my baby did survive. I can’t imagine what they are going through.”
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