A wrongful death lawsuit filed by the family of Danny Fruits has been rejected by a federal court judge who ruled Winfield police officer Mark Knoles acted reasonably in shooting Fruits at Tunnel Mill Dam three years ago.
In the ruling ? filed March 30 with the U.S. District Court in Wichita ? Judge J. Thomas Marten found that neither Knoles nor the city of Winfield were liable for the death. Marten granted a defense request for a summary judgment that precludes the case from going to trial.
"It’s obviously great news for us and a relief," interim chief of police Brett Stone said Monday.
Marten’s decision marks the second time that an evaluation of evidence in the case has led to the finding that Knoles was justified in shooting Fruits, who fled to the dam following a robbery at a local cigarette shop on March 8, 2006. Cowley County Attorney Chris Smith conducted an inquiry that cleared all officers involved of any criminal responsibility shortly after the shooting.
Members of Fruits’ family filed the civil suit in July 2007, claiming police used excessive force and violated the local man’s rights as they attempted to take him into custody.
But Judge Marten found there was no genuine issue or dispute over facts that would justify a trial in the matter. A summary judgment can be appealed.
In his written ruling, Marten gave the following account ? based on evidence and witness statements ? of the events leading up to the fatal shooting:
– Knoles, Lt. Jerry Donals, Lt. Cory Gale and officer David Dougherty of the Winfield Police Department rushed to the dam in pursuit of a burgundy Jeep Cherokee. The vehicle was believed to contain three suspects that had just robbed a smoke shop at 14th and Main in Winfield.
All but Knoles were in standard police uniforms and driving marked vehicles.
– Police arrived at the dam and performed a felony traffic stop on the vehicle. A driver exited the Cherokee, but Fruits did not. Knoles could not determine if the man had a weapon and said the way the man shuffled around in the vehicle was cause for concern.
– When Fruits exited the vehicle, Dougherty pulled his service revolver because of concerns the man might have a weapon. Fruits would not show his hands and when told he needed to surrender to police replied "You’re gonna have to kill me. I’m not going anywhere."
Officers yelled at Fruits to get on the ground but he refused. Knoles said he saw bulges in the suspect’s front pants pockets.
– Knoles kept his weapon trained on Fruits as Dougherty holstered his weapon and began to draw his baton and approach the suspect.. A civilian witness at the scene said the suspect continued to refuse to comply with officer instructions.
Civilian witnesses said they saw Fruits move forward suddenly toward Knoles before the shot was fired. Officer Dougherty said Fruits put his hands in his pocket and his arm went stiff as if he’d found something.
– Knoles reported seeing something in the man’s hand and other, non-police, witnesses said Fruits reached for his waistband and pulled something or appeared to reach for something before the gun went off.
Fruits was struck in the abdomen and later died of his injuries. No weapon was ever recovered.
Judge Marten concluded that Knoles acted reasonably because laws protect a person’s right to self defense. Officers are also entitled to use deadly force in situations where they believe it is necessary to defend themselves or others from death or great bodily harm.
Fruits’ family has acknowledged that Fruits had been drinking and was wrong to resist police but have said officers should have done more to end the incident peacefully. Hilda Sumner, Fruits’ sister, and Daniel N. Stearns, his son, filed the suit on behalf of Fruits estate.
Had Fruits’ family won the case, they may have been entitled to financial compensation for their loss.
Fruits family members have been critical of police for not releasing the names of the officers at the dam and the initial court filing listed Knoles as John Doe. His name became part of the public record in the case with the filing of Judge Marten’s ruling.
Find out about our decision to name the officers at the dam by clicking here.
