Judge of Baltimore County Thursday overturned the decision of the jury, which gives $ 38 million to the family of a 23-year-old woman killed by the police in 2016
Judge Mickey Norman dismissed the demands of Corin Gaines' family. against Baltimore County and the participating officer, saying he believes "the nonprofit damages awarded to the various claimants are excessive and ruin the conscience."
Windall Gordon, Gaines' family lawyer, told Baltimore Sun that his clients were appealing the decision. "Somewhat devastating, but they are a very loyal family," he said. "It's not over."
The decision by Norman, a former state soldier, comes almost a year after the jury awarded the money to Gaines' family.
The jury found that a shot from Cpl. Royce Ruby, who killed Gaines and an early 5-year-old son, Kodi, was not wise and violated their civil rights.
Norman ruled that Ruby should be granted qualified immunity, protecting law enforcement officers from civil liability while in obligations.
The shooting took place during the collision in Gaines' apartment. Norman writes that Gaines, who was armed with a rifle, "suddenly moved from a place clearly visible in the living room to a partial disguise behind the kitchen wall."
"The material evidence is that she has begun to raise the rifle , Corporal. Ruby believed he would shoot the shotgun, he added. Corporal Ruby was not obliged to be absolutely sure about the nature and extent of the threat that Gaines put. "The police were in Gaines' residence to serve an order for her and her fiancee. Gaines was wanted for allegations that he did not appear in court for charges of stopping the movement. During the trial, Gordon said the police knew that Gaines was mentally ill. also withdrew the jury's sentence that Ruby had committed the battery against Cody, wrote: "This injury was unintentional and was an unintended consequence of the legal act of Corporal Ruby."
"Justice is not done today," said in a statement to the Sun. "We will appeal on behalf of young Cody Gaines, and we will have more to say in the near future."