EUGENE, Ore. (AP) — The family of a man killed by a Eugene police officer lost their civil lawsuit in federal court Tuesday, their attorneys unable to convince a jury that an officer used excessive force when he shot the man in his doorway.
The jury deliberated for little more than an hour Tuesday afternoon before saying they did not believe Will Stutesman was wrong in killing Brian Babb, The Register-Guard reported.
The jury said they did not believe Stutesman acted outside the bounds of his training or prerogative as a police officer to protect public safety. Babb’s estate, which included his two children, sued Stutesman and the city of Eugene claiming the shooting was a display of excessive force.
Babb was experiencing a breakdown likely caused by post-traumatic stress and brain injury he received while serving as a soldier in Afghanistan. Babb’s therapist had called police to say he was suicidal and had fired a round from his handgun.
Stutesman shot Babb from an armored vehicle after Stutesman says Babbs aimed a rifle at him.
Stutesman had been cleared of criminal liability by the Lane County district attorney.
The plaintiff’s attorney had asked the jury to award the Babb estate $9.3 million in damages.