May 27, 2009 6:54 pm US/Central
Fong Lee Wrongful Death Case Goes To The Jury
ST. PAUL (WCCO) ―
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Fong Lee's family claims an officer used excessive force when he shot Lee eight times on the grounds of a school in the summer of 2006.
CBS
A federal jury in St. Paul began deliberations Wednesday afternoon in the Fong Lee wrongful death lawsuit. Lee was fatally shot after a brief foot chase with Minneapolis Police Officer Jason Andersen.
Lee's family claims Andersen used excessive force when he shot Lee eight times on the grounds of a school in the summer of 2006. They claim the 19-year-old was unarmed and allege an officer planted a gun next to his body.
Attorneys for the city of Minneapolis argue the shooting was justified because the officer feared for his life and that Lee carried a gun.
The jury received the case after two hours of final arguments by attorneys for both side. The jury will review evidence that includes several surveillance tapes from school cameras. That video captures part of the chase.
The Lee family's attorney hopes the jurors will agree with his claim that the video does not show Lee carrying a gun as he runs from Andersen. Attorney Michael Padden told the jurors, regarding Andersen, that "almost from the time he got out of his squad he was a killing machine on auto-pilot."
Assistant city attorney Jim Moore told jurors the claims about a planted gun were a "fantastical story" and he accused the attorneys for Lee's family of "taking facts out of context, telling narratives not supported by evidence in this case."
The standard for proof in a civil court case is lower than the standard in a criminal case. The jury will have to consider several questions including whether or not Andersen used excessive force in the fatal shooting.
A Hennepin County grand jury cleared Andersen of any criminal wrongdoing when they reviewed the shooting.
(© MMIX, CBS Broadcasting Inc. All Rights Reserved.)
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