Published: July 26, 2008 01:03 am         

Wrongful death suit against West Tawakoni dismissed

A state district judge has dismissed a wrongful death suit filed against the City of West Tawakoni and a police officer, which had been filed by the parents of a criminal suspect shot and killed by the officer.

Chrisita Champion of Texarkana and Stacey Smith of Quinlan, mother and father of John Beck Smith, alleged the officer used excessive force and was negligent in having to shoot Smith, 23, during a violent struggle.

The officer, Robert Rose, claimed Smith attacked him and attempted to steal his handgun and that he acted in self defense.

During a Thursday afternoon hearing in the 354th District Court, Judge Richard Beacom, in separate rulings, dismissed the suit against both Rose and the City of West Tawakoni. Beacom ordered the suit dismissed “with prejudice”, meaning it could not be refiled alleging the same complaints.

The incident in question occurred on Dec. 7, 2005. Rose had been dispatched to a reported disturbance on Raintree Road, later observing a pickup matching the description of a truck that had attempted to hit his vehicle outside of a residence in the Arrowhead Addition.

During an altercation between the two men, Rose said Smith had him a choke hold and was attempting to reach Rose’s firearm. Rose said he was starting to black out, but was able to obtain the weapon and fired three times over his shoulder, hitting Smith once.

The City of West Tawakoni had sought a dismissal of the suit against Rose first, then the city, claiming both were covered under governmental immunity.