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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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All of the jurors from these trials should also be fined $100 each for awarding money to this putz.
I agree #1. How on earth a jury could've awarded money to that man in the first place... is beyond me. I mean, the guy had a gun, AND fired a cop who then shot him back. C'mon! That's akin to a burglar injuring himself while breaking into your home and then suing you for that.
take that, trick.
Something must be missing from the story. How the hell could a jury award him anything?
Who said that persistence pays off? The dude should have had the full Tec-9 load put into him from the get go.
From the Post:
All jurors had heard from Barnes was his 1989 deposition testimony, where he claimed he was a bystander.
The panel had been barred from learning that Barnes had pleaded guilty to having shot at the cop and that a twice-fired semiautomatic pistol was at his feet when he was arrested.
Without hearing that type of evidence, it's possible to see how a Bronx jury--hostile to the police and seeing a paralyzed and sympathetic looking young man, might want to send the city a very large me$$age. Barnes never took the stand in the other two trials b/c his lawyer argued that his client was too physically and mentally deficient to testify.
"Something must be missing from the story. How the hell could a jury award him anything?"
Because it's a Bronx jury:
http://query.nytimes.com/gst/fullpage.html?res=940DE2D6113AF93AA25756C0A96E948260
Hm... yeah I guess that would make sense, but then why would the panel be barred from hearing that pertinent information?
That meL, is the $76.4 million question, although it's been rendered moot at this point.
This is great to read. This story has irked me for years. What should also be reported is what this has cost the city and state (ergo taxpayers) for defending itself (and probably the cop who was was likely sued and defended through taxpayer funded civil legal representation) and providing a forum (the court system) for this meritless and offensive suit. The attorneys for Barnes ought to be investigated by some appropriate agency and sanctioned.
Art, I agree that the attorneys ought to be sanctioned...and flogged.
He took his best shot.
I once served as foreman on a jury in Manhattan for a guy who robbed a woman on a subway platform, jumped onto the tracks to escape, and subsequently was struck by a train, and lost his leg below the knee. (He got a prothesis in prison).
He was suing the Transit Authority. One guy on our jury actually wanted to give him $$. After I explained to him that a civil trial wasn't like "12 Angry Men", and we didn't have to be unanimous, but that it would be nice if we could be, he changed his vote.
I recall too that the plaintiff, even after getting out of prison with a fake leg (and he used a crutch to walk to the witness stand), was subsequently arrested for trying to rob someone in the subway.
They should also have fined the lawyers and the firm(s) that represented this guy. It took almost 20 yrs. to finally put an end to this. They should put 20 years of interest on top of that $100.
God Bless Bronx Juries.
Gotta luv them.
Hoddamn, it's a long time coming, but good to see justice was served. The mills of the gods grind slowly....
His lawyers should be tried and sentenced to prison for attempted fraud.
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?
How was that cop supposed to know that the perp was uninsured before he gave him a "spinal"?
"God Bless Bronx Juries.
Gotta luv them."
Yup. Just like Jim Crow juries only browner and just as racist.
"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.
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.
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).
wow, you know Jim Crow?
then God Bless Reverend Al Sharpton.
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.
petercow99: what was the outcome of that court case?
$76M for running around with a tech9. i wonder what you get for a toting a bazooka, you gotta think at least 9 figures
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."
thats one reason citizens and cops. should never injury the criminals. always aim to kill.
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
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.
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.
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.
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.
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.
#36- Not all pistols will cycle correctly when holding the gun sideways. You increase the chances of FTE, at the very least.
Revolvers normally don't have that problem if I heard what Sammy the Bull said.
FTE = Fail to eject?