Man Paralyzed by Cop's Bullet Loses Legal Lottery, Finally

The legal fortunes of Darryl Barnes have waxed and waned over the many years since he was shot by a police officer on a Bronx street--a wound that left him paralyzed--but finally ended for good this week.

Darryl Barnes was shot in 1988 by NYPD Officer Franz Jerome, who apparently saw Mr. Barnes running down the street carrying a Tec-9 assault pistol. When Jerome ordered Barnes to stop, Barnes shot at the policeman, who returned fire and struck the runner-and-gunner in the spine.

Back in 1998, Barnes was awarded $76.4 million by a Bronx jury. That award was reduced to $8.9 million and then overturned by the State Appeals Court in 2002. In 2003, Barnes brought the case to a second trial where the jury awarded $51 million, which was later reduced to $10.75 million.

The State Court of Appeals finally said this week that Barnes would be receiving nothing from the City, and also fined him $100 in court costs as a sort of final insult-to-injury parting gift.

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By Dave Hogarty in News on June 4, 2008 12:56 PM

Comments [rss]

Snoopy

Revolvers normally don't have that problem if I heard what Sammy the Bull said.

FTE = Fail to eject?

The Edge

#36- Not all pistols will cycle correctly when holding the gun sideways. You increase the chances of FTE, at the very least.

petercow99

To:killerasp -

"What was the outcome of that court case?"

The civil trial which I sat on: we awarded no damages.

We weren't allowed to directly learn of the outcome of the original cases, but it came out during his time on the stand that he got the prosthesis while in prison, so we can infer he was found guilty/pled to something. (Though I seem to recall that he was a minor when it happened. The case went on for years. The motorman was retired when he testified.)

Not sure of outcome of when he was arrested trying to mug someone with 1 + 1/2 legs.

Snoopy

I thought tec-9's were full auto. It's the "spray and pray" method of shooting.

If you hold a firearm horizontally the kick will go to either the right or left versus up depending on how you are holding said weapon. It's hard to say which one is better if you run off a few consecutive rounds and you aren't a good shot. It would also depend on if the person you are shooting at is moving.If he is moving to the right I would suggest tilting the gun horizontally with the muzzle to the right. I know this would be awkward for right handers but you get use to it after awhile, but then again you guys knew this already.

nik13

Getting a PPK would require learning to shoot. Those clowns were used to throwing bullets at each other from Tec-9s & other garden hoses. I believe, a weird habit of holding a gun horizontally started at same time too. Good luck hitting a bus, Not literally, of course.

Anna_Merkin

What idiot runs around with a tec-9? Those things are POS's anyway and were banned by that time. At least learn how to shoot and get a real semi-auto like a Mauser 712, or go get something more elegant like a Walther PPK. Amateur.

Snoopy

I wonder if the lawyers were spending all that ill gotten money before it was in their pockets.

GO BRONX! STAY REAL!

Where can I get a tec-9? Are they expensive? Also I need two or more of those big clips. It looks like a nice side arm for the subway.

TKaisen

Add that to the thousands of dollars he'll have to pay in legal fees. Its the price you pay for filing a frivolous lawsuit.

I'm sure that he was being represented by a shady "No fee unless you get money" firm

Snakefist Von Thunderplug

As Mr. Barnes was leaving the courthouse, a reporter approached him and asked, "After this two decade ordeal, how do you feel?"

Mr. Barnes replied, "Above the waist."

aveB4life

$76M for running around with a tech9. i wonder what you get for a toting a bazooka, you gotta think at least 9 figures

killerasp

petercow99: what was the outcome of that court case?

Art Stewel

Hey you, running in the middle of the street with the Tec-9, and turning around and shooting at me. Yeah, you. No, not the other one. Just you. Stop firing your Tec-9 at me because I am the police. Oh, and drop your weapon.

Thanks!

-Killer cop (but not in this world, because killercop didn't kill anyone)

I hope Sharpton does make the another cause celebre.

JacqueMehoff

then God Bless Reverend Al Sharpton.

JacqueMehoff

wow, you know Jim Crow?

Art Stewel

Without an understanding of the procedural history, it is difficult to blame the Trial Judge, if there was only one, but whatever member(s) of the bar advocated on behalf of Barnes should be held to task, as should all shysters shooting for Bronx juries (no pun intended).

S.D.

While I'm sorry Darryl Barnes chose the path he did, you shouldn't get a reward in pursuance of a crime.

He fired at the officer, the officer fired back.

At the least, it's illegal weapon possession at worst, Attempted murder of a police officer.

Kojak

"fined him $100 in court costs"

Add that to the thousands of dollars he'll have to pay in legal fees. Its the price you pay for filing a frivolous lawsuit.

Next time (for future reference, JUST a small tip) don't shoot at the cops. Not all of them are bad shots.

berniegoetz

"God Bless Bronx Juries.

Gotta luv them."

Yup. Just like Jim Crow juries only browner and just as racist.

sonyactivision

How was that cop supposed to know that the perp was uninsured before he gave him a "spinal"?

ed_Extinct

so a guy shoots at a cop. the cop shoots back and hits a bullseye and paralyzed. said perp then sues new york city...

what was he suing for? what judge allowed this to happen?