Article published August 05, 2008
Grandmother files lawsuit in Lima shooting case
BLADE STAFF
A family member of the woman who was fatally shot during a police raid at her home seven months ago filed a lawsuit Tuesday in U.S. District Court in Toledo against the City of Lima and police Sgt. Joseph Chavalia, claiming a violation of civil rights.
Darla Kaye Jennings filed the lawsuit on behalf of Sincere Wilson, her 1-year-old grandson who was injured when his mother, Tarika Wilson, 26, was shot. The lawsuit asks for compensation for Sincere’s injuries as well as seeking an end to "police abuse by requiring that high risk search warrant executions be limited to situations where they are truly needed and where the least amount of force necessary to the situation is employed."
The lawsuit was filed a day after Sergeant Chavalia was found not guilty for misdemeanor charges of negligent homicide and negligent assault. After 3 ½ days of testimony, the jury deliberated for about three hours before returning the verdicts.
The charges were a result of a drug raid held at Wilson’s home on E. Third Street in Lima on Jan. 4. Lima police officers executed a search warrant looking for Anthony Terry, who was arrested at the home.
An unarmed Wilson was holding her son just outside a second-floor bedroom when officers entered the home. Her five other children were in the upstairs bedroom.
According to the lawsuit, the shooting that led to Wilson’s death and her son’s injuries was "excessive, unreasonable, and completely unnecessary." The lawsuit further said that Sergeant Chavalia acted "negligently" when he used deadly force.
During his testimony at the trial, Sergeant Chavalia said that he believed he was in danger when he entered the home and saw a "shadowy figure" down the hallway at the same time that he heard gunshots. It was later determined that the gunfire had come from the kitchen where two members of the police SWAT team had fired at two pit bull dogs let loose on the officers by Terry, who was Wilson’s boyfriend.
Attorney Derek Sells of the New York City-based Cochran firm vowed at a Tuesday press conference with Ms. Wilson’s weeping family and friends that Mr. Chavalia’s criminal acquittal would not be the end of this case.
"The fight for justice is not over," he said. "We’re committed to achieving complete justice and vindication for the loss of Tarika Wilson."
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