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KNOXVILLE, Tenn. (AP) — After a day of trial testimony, a judge has dismissed a wrongful death lawsuit against a Tennessee police officer who fatally shot an unarmed parolee in the back in 2014.

The Knoxville News Sentinel reports Chief U.S. District Judge Tom Varlan ruled Tuesday that attorney Richard M. Brooks failed to present enough evidence to allow the jury to consider whether Knoxville Police Officer David Gerlach had the legal right to use deadly force against Ronald E. Carden.

Brooks contended Carden was unarmed and fleeing when Gerlach shot him five times. Gerlach said Carden attacked him out of range of the dashboard camera and was still fighting when he opened fire.

Varlan dismissed the case with a directed verdict, saying Brooks presented no evidence or expert witnesses to contradict Gerlach’s account.


Information from: Knoxville News Sentinel,