ALBUQUERQUE (KRQE) - Attorneys for the city of Albuquerque are asking a judge to break down a $7.6 million judgment granted by a jury to the family of Kenneth Ellis III, an Iraqi war vet shot and killed by Albuquerque police in 2010.
Attorneys for the Ellis family and the judge says the point is moot because the city is liable for the entire amount anyway since the Albuquerque Police Department officers were working for the city at the time.
They also say all parties involved agreed to the jury instructions and verdict form which did not require the jury to assign payment from each party.
In March the District Court jury awarded the Ellis family the money saying the city along with Officer Brett Lampiris-Tremba, who fired the shot that killed Ellis, and Officer Trey Economidy, who initially pulled over Ellis, all had fault in the case but did not assign an amount for each to pay.
Attorneys for the Ellis family call it a frivolous argument.
"They are legal Mickey Mouse games, that's all they are," says attorney Joe Kennedy
Kenneth Ellis Jr. says he's disappointed with the city's response to his son's case.
"It's disheartening that we are having to go through this again," he said. "There has been a verdict and a judgment. They just need to write a check and be done with it."
Attorneys for the city did not comment to KRQE News 13 after the court hearing or explain why they are arguing this point. The attorneys are different from the ones who argued the city's case in trial.
However, City Attorney David Tourek did issue a statement at the end of the day:
"As we have stated in the past, this case has many post-trial motions and appeals still to come. This case is far from being resolved. We will decline to respond to any comments that were made by others outside the courtroom today."
The jury also ordered Lampiris-Tremba to pay $2.7 million to the family. That amount will also have to be covered by the city but is not being challenged.
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