ST. LOUIS • The family of a man who was killed by St. Louis police after he allegedly pointed a gun at officers has filed a wrongful death lawsuit against the department, disputing the official account of what happened.
Cary Ball Jr., 25, of the 3800 block of Blaine Avenue, was killed after he led officers on a chase in a neighborhood just north of the Edward Jones Dome on April 24.
According to police, the officers were on a special “hot spot” detail near Ninth and Carr streets in the Columbus Square neighborhood when Ball, who was in a car they were watching, evaded them and sped away.
After Ball hit a parked car about 9:45 p.m., he began running. Then, according to police, he turned and pointed a .40-caliber semiautomatic handgun with an extended clip toward the officers who were following him. Police said the officers fired, hitting Ball in his torso and arms. He did not fire back.
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The lawsuit, filed Tuesday in St. Louis Circuit Court, gives a different account. It says the officers began following Ball's vehicle after he committed a traffic violation near Washington Avenue and 18th Street. The officers broke department policy by pursuing Ball without evidence that he was a felon who had used deadly force and posed a danger to the public, according to the suit.
It asserts the officers endangered the public by chasing Ball at an excessive speed and further violated department policy by running after Ball with their guns drawn.
According to the lawsuit, Ball stopped running when the officers ordered him to do so, and when he began putting up his hands, the officers began firing at close range. It alleges they continued to fire after he fell to the ground, delivering more than 20 shots in all.
Ball's attorney, Freeman Bosley Jr., said in a phone interview Tuesday that several independent witnesses provided that account, and also said Ball had already thrown his gun to the ground when the officers began firing.
The lawsuit was filed on behalf of Ball's mother, Toni Taylor; his father, Cary Ball Sr.; and his four-year-old child, Chanell Williams. It raises claims of negligence, battery, excessive force and negligent supervision against the department, the two officers and a supervisor, who are named as James and John Does.
It seeks a minimum of $25,000 in compensatory damages, which is the standard for bringing an action in state court, and unspecified punitive damages. The suit notes that Ball's family paid $6,000 in funeral and burial expenses.
Bosley said the family has been unable to obtain police reports of the incident because the standard internal affairs investigation is still underway.
"They have too many unanswered questions," he said. "It's not that they're mad at the department or anything. We believe two officers got out of hand. They just want justice for Cary."
A police spokesperson declined to comment citing department policy regarding ongoing lawsuits.
The officers were put on administrative leave until they can be evaluated by doctors and deemed fit to return to duty
