Man Who Was Shot by Officer Wins $2.4 Million Judgment

By Ruben Castaneda
Washington Post Staff Writer
Saturday, March 1, 2008

A Prince George's County civil jury this week awarded more than $2.4 million to a man who was shot and wounded by a county police officer on New Year's Day 2006.

After a day of deliberations, the jury on Thursday found David Coleman, a county officer since 2003, liable for assault and battery in the shooting of Darron M. Shaw, according to Shaw's attorney. County officials said they would probably appeal.

The jury awarded Shaw, 32, nearly $32,000 for past and future medical expenses, more than $5,000 for lost wages, and $2.4 million for non-economic damages, such as pain and suffering, according to his attorney, Walter L. Blair.

Even if the award is upheld, it is likely to be dramatically reduced. Under state law, civil awards for non-economic damages are capped at $665,000 for incidents that occurred during the time frame of the shooting, veteran civil plaintiff attorneys said. Also, awards against local governments in certain civil cases are capped at $200,000, attorneys said.

Blair said the jury award sent a strong message.

"This jury really spoke clearly," Blair said. "They are tired of young men in our community being shot, disrespected and in some cases framed. We respect the police, but in this case they went astray badly."

Vernon Herron, director of the county's Department of Public Safety, said he stands by Coleman's actions. An internal police investigation, which was reviewed by the Justice Department, found no wrongdoing by Coleman, Herron said.

Herron said Coleman and another officer at the scene "performed in the manner we'd expect our officers to perform."

Police have said Coleman fired because he saw Shaw holding a gun.

The shooting occurred about 4 a.m., after Shaw, his then-girlfriend and two friends left a club in District Heights.

The girlfriend, LaToya Dunn, who has since become Shaw's wife, and the friends got into a car to drive home, and Shaw walked, the couple said in an interview yesterday.

The car stopped near an intersection, and Dunn stood up through a sunroof and argued with her boyfriend, they said. The altercation was strictly verbal, they said.

Suddenly, Darron Shaw said, a car pulled up, and someone ordered him to put his arms in the air. Shaw said he did so, and as he turned toward the voice, shots rang out.

Coleman fired five times, striking Shaw once in the right bicep and once in the right side of his chest.

Shaw and his wife said he never had a gun.

The county attorney's office, which defended the case, referred calls to a county spokesman, who referred calls to Herron. Herron declined to comment on details of the case.

According to Blair, the defense argued during the trial that a gun was found around the corner from the shooting scene.

The defense theory was that the gun ended up there after Shaw tossed it into the car, which sped away when Coleman fired, Blair said.

Shaw was hospitalized for a month.

He was charged with assaulting his girlfriend and a weapons violation, Blair said. A Prince George's jury acquitted Shaw of the weapons charge but convicted him of assault, Blair said. He was sentenced to several months in jail, Blair said.

LaToya Dunn Shaw, 23, said police pressured her on the night of the shooting to sign a statement alleging Shaw assaulted her.

She said she signed such a statement without reading it carefully.

Of the civil verdict, Darron Shaw said: "I was satisfied. I was just happy that justice was served."