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Lawsuit still pending in shooting Cole Smith’s widow struggles to build life, her mother says By Jessica Smith A year after her husband died in a hail of bullets in Central Point, a California woman has yet to file a civil lawsuit she threatened to bring against local police. Jennifer Smith, 24, of Grass Valley, said last year she would likely sue Medford police and the Oregon State Police for the roles the agencies played in the death of her husband, Cole Smith. Though Jennifer Smith would not comment for this story, Carol Bosch said her daughter is proceeding with legal action against the city and state. Jennifer Smith is also struggling to build a life without her husband, Bosch said. "It’s hard (for Jennifer) without him," Bosch added. "She has her good days and her bad days. She goes through sadness, then anger, then sadness. It’s the up and down emotions you would have over the loss." Cole Smith was shot more than 20 times after provoking a 90-minute standoff with at least two dozen officers in the parking lot outside the Oregon State Police headquarters in Central Point. The anniversary of Cole Smith’s death is hard on "the whole family," Bosch said. Mostly, relatives think about all he’ll miss, she said. "Even though he had some mental illness, he still would have had good days and the love of his family." Mental illness may have led Cole Smith to barricade himself in a pickup truck outside the state police office the evening of Dec. 28, 1999. According to police and family reports, Cole Smith suffered from bipolar disorder and other mental illnesses. He had contemplated suicide on more than one occasion. But the fact that Cole Smith may have wanted to die does not excuse police for shooting him, his family has argued. Jaqua Wheatley, a Eugene law firm representing Jennifer Smith, has notified the state and the city of its intent to file a wrongful death civil suit. Under state law, the Smith family has until Dec. 28, 2002, to file. Bill Masters, an attorney with Miller Nash in Portland, said lawyers typically will postpone filing a suit to give them time to fully investigate the case. "Once they file suit, it progresses to trial on a relatively speedy process that can constrain those efforts to investigate," Masters added. A representative from Jaqua Wheatley said attorneys there could not comment on the case. But according to Bosch, family members point to an Oregon State Police internal review as proof that the "officer-involved" shooting of Cole Smith was avoidable. In May, OSP released a review showing troopers breached their policies in the standoff. The report highlighted on-scene commander Lt. Terry Simons’ failure to plan and communicate properly as events unfolded. Still, OSP officials said the policy violations are not what caused Cole Smith’s death. Police have said he was determined to force officers to shoot him. A county grand jury found police were justified in their action. According to police reports, officers and hostage negotiators tried to coax Smith out of his pickup, where he had barricaded himself after telling an OSP dispatcher he was going to kill someone. Smith held police — OSP troopers, and later sheriff’s deputies and officers from Central Point and Medford — at bay by telling them he had a handgun and was prepared to shoot. Smith left his truck after officers threw a "flash-bang" concussion grenade into the bed of his pickup. When he ran at police with a black object in his hand, officers opened fire. Officers learned later that he was unarmed. He’d been carrying a black razor case. Although Medford police fired the shots that killed Smith, city officials said the possibility of a civil suit stopped them from drafting a formal administrative report. Medford Lt. Tim George said police won’t reopen the case for additional review, even if Cole Smith’s family decides it won’t file suit against the city. "We’re done with it," George said. Should the Smith family move ahead with the case, they’re looking at limited civil damages, according to Masters. State law would limit Jennifer Smith, a widow with two children, to collecting $500,000 total in wrongful death suits against the city and state, Masters said. A jury could award less money based on Cole Smith’s earning potential. At the time of his death, he was apparently unable to work because of his mental health problems. And it’s possible a jury could decide against awarding the Smiths any money, Masters said. "If you’ve got a situation where there’s some (proof) that police were not acting outrageously, there’s a good chance (the family) might not get anything," Masters added. "I think most juries, unless there’s real abusive behavior by the police, they’re going to side with the police." Reach reporter Jessica Smith at 776-4481, or e-mail jsmith@mailtribune.com |
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