Published: July 10, 2008 08:12 am      

Family sues city, police officer

Federal lawsuit seeks millions of dollars

URBANA — The family of the victim of an accidental police shooting filed a multimillion dollar lawsuit against the city and the officer involved.

Rose Moss of Chicago, under the representation of Chicago attorney Mark Solock, filed a lawsuit in U.S. District Court in Urbana against the city and Danville Officer Troy Wasson.

Twenty-seven-year-old Aaron Moss died on May 30, 2006, after he was shot twice by Wasson during a foot pursuit in the 900 block of Lewis Lane in the Fair Oaks Housing Complex. An investigation by the sheriff’s department found Wasson not at fault.

The lawsuit, filed just a day before the two-year anniversary of the shooting, includes counts of wrongful death and excessive force. The counts — three against Wasson and one against Danville — ask the court for a judgment in excess of $1 million per count as well as other monies Rose Moss may be entitled to.

The lawsuit alleges Wasson acted “maliciously, willfully and wantonly” in the shooting death of Moss.

Danville Mayor Scott Eisenhauer and Public Safety Director Larry Thomason could not comment on the lawsuit when contacted Wednesday.

Local attorney Jack Martin was retained by the city’s insurance company to handle the case.

He said he was made aware of the lawsuit just days after the filing.

Solock declined to talk about the case, saying it is too early in the legal process. He pointed out that the defendants have not had a chance to respond to the suit yet.

The lawsuit draws an outline of the events on May 30, saying an argument between Moss and another man had just ended when police arrived on the scene. Moss ran from the scene and was pursued by police, including Wasson.

During the chase, Wasson allegedly pulled out a taser. The lawsuit contends he encountered Moss as the police chased him around a corner.

At that point, Wasson put away his taser and pulled his gun from his holster, shooting Moss in the arm and then in the back as he ran away from Wasson, according to the lawsuit, which contends Moss was not carrying a weapon at any time during the chase.

The description of events also contends Wasson ordered away a woman who offered to perform CPR on Moss following the shooting.

Wasson, who fired four shots at Moss, was absolved of wrongdoing by a sheriff’s department investigation which determined Moss was carrying a stolen gun with a live round in the chamber during the chase.

Two witnesses as well as two police officers told investigators they saw Moss with a gun.

No hearing date has been set in the federal case.