Judge asked to reject county appeal
Balto. County wants $38M award in Gaines shooting reduced or overturned
Attorneys for the family of Korryn Gaines — the woman fatally shot by a Baltimore County police officer in 2016 — filed court papers Tuesday urging a judge to reject attempts by Baltimore County government to overturn or reduce the jury’s $38 million award in the case.
Gaines’ family lawyers, Kenneth W. Ravenell and Leslie D. Hershfield, called last month’s award, one of the largest ever against a Baltimore-area police force, a “simple yet powerful verdict of an attentive Jury based on consideration of the evidence.”
Lawyers for the county have argued in post-trial motions that the monetary award for Gaines’ death and for injuries to her young son, Kodi,
But attorneys for Kodi said the county simply recycled failed legal arguments in its motions, and urged a judge to reject them.
County police officers went to Gaines’ Randallstown apartment Aug. 1, 2016,
Gaines broadcast parts of
At one point Kodi went into the kitchen and Gaines followed. Royce Ruby, a tactical officer who was stationed outside the doorway of the apartment,
Gaines was killed and
In the family’s case, a jury of six women was asked to determine whether Ruby’s first shot — which was determined to be fatal — was “reasonable” based on the situation. They found it was not, and said the action amounted to a violation of Gaines’ and Kodi’s civil rights under state and federal statues.
In response to the county’s post-trial motions, Kodi’s lawyers Ravenell and Hershfield derided the county motions as: “Rehash. Rejected. Repeat.”
“Simply stated, the foundation of Defendants’ argument is that they disagree with the Jury’s verdict,” they wrote.
The lawyers said the award to Kodi was based on evidence including testimony from the boy’s doctors, father and grandmothers about his “severe and permanent physical and psychological injuries” — testimony they said was not disputed by the county’s legal counsel during the trial.
“The verdict returned by the Jury was not excessive or inappropriate and … must not not be disturbed,” they wrote.
They noted the trial judge denied multiple motions for a judgment in the county’s favor before and during the trial.
Ravenell and Hershfield also claim the county filed its post-trial motions well past a 10-day deadline, and therefore shouldn’t even be considered. The county filed its motions March 12, which is 10 days after the online Judiciary Case Search shows the judgment was recorded. But Kodi’s lawyers contend the clock started ticking Feb. 22, when they say the judgment was formally recorded at the courthouse. The jury announced its verdict Feb. 16.
Landon White, who represents Gaines’ father, Ryan Gaines, said he was reviewing the filing and deciding whether to make his own reply to the county’s motions. J. Wyndal Gordon, who represents Gaines’ mother, daughter and estate, could not be reached for comment Tuesday.
County officials have said that if the award is upheld,