Kenneth Ellis III.

Kenneth Ellis III.

Officer Brett Lampiris-Tremba.

Officer Brett Lampiris-Tremba,

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City plans to appeal $10M Ellis verdict

Updated: Saturday, 16 Mar 2013, 1:21 PM MDT
Published : Saturday, 16 Mar 2013, 1:21 PM MDT

ALBUQUERQUE (KRQE) - The Albuquerque Police Department was dealt a big blow over one of its police shootings after a jury ruled that the city and the officer, who pulled the trigger, will have to pay the family of the dead man more than $10 million. The city will put up most of it.

The family of Kenneth Ellis III was brought to tears after District Judge Shannon Bacon read the verdict Friday.

“We find the wrongful death damages for the wrongful death of Kenneth Ellis III in the amount of $7,642,560,” Bacon read.

It was an eye-opener to the city as well as it found out how much in tax dollars it would have to shell out for a police shooting that the judge had already ruled was unnecessary.

Officer Brett Lampiris-Tremba shot Ellis in 2010 during a traffic stop. The judge said there was no immediate threat to others as Ellis held a gun to his own head.

On Friday, the jury ruled APD shared the blame by negligently supervising Lampiris-Tremba and for negligently keeping him on the force. Testimony during the trial revealed Lampiris-Tremba not only lied on his application he also failed to report using excessive force on an innocent man in 2004.

It was a verdict Deputy City Attorney Kathryn Levy doesn't agree with.

“Obviously this has been a very difficult case,” Levy said. “We truly believe the verdict was excessive.”

In 2010, the city paid out a total of $3.2 to settlement lawsuits because of officer’s mistakes. This one case easily doubles that.

“The city has a risk-management program, and there's multimillions of dollars into our risk funds and case reserves,” city Chief Administrative Officer Rob Perry said.

Lampiris-Tremba was also ordered to pay the family $2.7 million.

Anelle Wharton said the trial was never about the money but justice for her son.

“It means my son didn't die in vain,” Wharton said. “He's probably saving lives right now because this department would be killing a lot of other people.”

The jury found Officer Trey Economidy served no fault during the traffic stop that led to the wrongful death.

Perry said he anticipates the city will file a motion for a new trial and an appeal.

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