ALBUQUERQUE (KRQE) - The City of Albuquerque is trying everything to avoid paying the giant judgment in the case of Kenneth Ellis III, the man an APD officer shot during a traffic stop.
Two months ago, a jury awarded his family more than $10 million.
Now, city attorneys are requesting a new trial.
The city says the judge made mistakes in the instructions and paperwork it gave to the jury, but attorneys for the Ellis family say the city is just trying to put off paying up.
"We are three years into it now and here we go I guess," says Kenneth Ellis, Sr. "Apparently, we could drag this on for several more years."
He says he thought the fight was over.
A jury already awarded his family more than $10 million in a suit against the City of Albuquerque and two APD officers for the wrongful shooting death of his son, Kenneth Ellis III.
Officer Brett Lampiris-Tremba shot Ellis in 2010 during a traffic stop.
"It is mind boggling to me how they can keep dragging it out whenever it's already been proven that they killed my son and it was unjust," Ellis' father says.
He is reacting to a motion filed by the City of Albuquerque for a new trial.
The motion says the court was wrong in denying the city's request to ask the jury to compare the city's fault with Ellis' fault for his death.
It also says the jury should have had a verdict form to allow them to limit damages against the city according to the Tort Claims Act.
No one from the city would comment Monday, but we spoke with Chief Administrative Officer Rob Perry shortly after the trial's end.
"The fact that this individual had a gun to his head for nine minutes and the difference between this and an officer being pointed at and fired upon, or a citizen, is point zero six seconds," Perry said.
An attorney for the Ellis family, Joe Kennedy, says he is confident a new jury and a new trial would still have the same results.
He says his only concern is the son Ellis left behind.
"The only thing we are concerned about is they are delaying the justice for an [8-year-old] boy," Kennedy says. "That's the only thing that concerns us."
He says as the city goes through the appeals process, it could be another year or two before any money in damages might actually be paid out for Ellis' son.
A jury ruled the city has to pay nearly $8 million dollars in damages to the Ellis family and the officer who pulled the trigger is responsible for almost $3 million, but the city will absorb all the costs.
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