City of Greenwood and its police department facing nearly $1.5 million lawsuit
GREENWOOD, Ind. (WISH) — A nearly $1.5 million lawsuit is in the works against the city of Greenwood and the Greenwood Police Department. Last week, we told you about Reese Keith, who was sentenced to 62 years in prison for duct taping an elderly couple and robbing them at gun point. That couple’s lawyer believes officers were negligent. Now, they’re planning to sue.
Attorney David Wilson, didn’t want to go on camera, but said he filed a notice of Tort Claim on October 11, 2017. The claim puts blame on the city and police department for not keeping Keith in custody, who in turn went on to rob the Dixons.
The Dixons are seeking $700,000 each in damages.
Scott Barnhart of Keffer Barnhart LLP is a defense attorney in Indianapolis. He is not representing the Dixons but did weigh in on the case.
“There are no guarantees. There are not guarantees that they are going to win. There aren’t guarantees that the defense will be able to prevail,” said Barnhart.
Last May, Greenwood Police arrested Keith. They believe he was high when he caused an accident, then left the scene. As officers transported him to jail, he had a seizure. So, instead, they took him to the hospital. After the hospital, they tried to take him to jail again, but he had another seizure. After three hospital trips, police released him from custody.
Greenwood Assistant Police Chief Matt Fillenwarth said in a news conference back in May of 2017 that Keith had not committed a violent crime, so, because of staffing issues, they released him.
“It was unknown how long he was going to be in the hospital and what his actual condition was. They requested and were granted permission by the supervisors to leave and file paper work with the prosecutor’s office,” said Fillenwarth.
Wilson believes officers should have remained at the hospital and then taken Keith to jail.
Keith left the hospital, still in his gown and with IVs attached. He then broke into the Dixon’s Franklin home about a block from the hospital, duct taped them and robbed them at gunpoint. Just last week Keith was sentenced to 62 years in prison. The Dixon’s plan to sue for their physical, emotional and psychological injuries.
“I certainly think that there is absolutely a valid claim in pursing it in terms of going further with it. As to the potential success or the viability of it? That’s not for me to decide,” said Barnhart.
A tort claim is a procedural process which needs to be filed in all cases against a government agency. It allows them time to resolve the case before the actual lawsuit. It has to be in place for 180 days prior to filing the lawsuit. Wilson said he plans on filing the suit withing the next few weeks.
News 8 reached out to Greenwood Mayor Mark Myers and Fillenwarth. At this time, they could not comment.