Sheriff's office liable in woman's death

[greenhead]

Sheriff's office liable in woman's death
Friday, April 25, 2008 3:13 AM
By Bruce Cadwallader

THE COLUMBUS DISPATCH

A jury awarded a record $2.725 million yesterday to a mother who has been fighting for 10 years to blame Franklin County for the death of her murdered daughter.

The case against the Franklin County sheriff's office would have settled out of court for much less, officials acknowledged later.

"It's taken 10 years for this. The county wouldn't take responsibility," an emotional Phyllis May said after the verdict in Common Pleas Court. "It's lifted a great weight off of me."

May's daughter, Deborah Kirk, called 911 three times on Aug. 13, 1998, asking for help because her estranged boyfriend was beating her in her Franklin Township apartment.

May and her attorneys said in the wrongful-death lawsuit that 911 dispatchers for the sheriff's office didn't send an officer on her calls for 26 minutes, and failed to tell the responding police officer that Kirk had been assaulted.

The Franklin Township officer who went to her Lincoln Park apartment knew only that someone had called 911 about a domestic argument.

The jury of six women and two men took 4 1/2 hours over two days before voting unanimously yesterday. Jurors said the dispatchers acted recklessly by not forwarding more information to Officer David Ratliff as he stood outside Kirk's apartment door.

A guard with a master key had responded with him, but Ratliff called off a backup officer and left when he heard no sounds coming from inside.

Kirk, 34, was found strangled in bed the next day.

Jurors declined to comment afterward. They awarded May $2.225 million for compensatory damages and another $500,000 in damages in survivorship claims.

"I think the jury was outraged by what happened to this woman," said attorney Craig Scott, who represented May with attorney Warner "J.R." Thomas.

Testimony in the seven-day trial showed that Kirk was beaten, kicked and slapped over a 30-minute period by her former boyfriend, Marvin T. Moss, who could be heard on the 911 tape threatening to rape her before he ripped two telephones from the walls of Kirk's Westport Road apartment.

During the last call to 911, Kirk told former county dispatcher Marino Susi that she had been "whooped" by Moss and needed a cruiser. A tape of the call has Kirk yelling at Moss not to rip out her phone. The line went dead, and Susi didn't try to call back.

Two other dispatchers testified they had more information that they did not give Ratliff, including the fact that Kirk could be heard yelling at a male in the background and that the violence appeared to be escalating.

Ratliff testified that he never knew about that and that he would have burst into the apartment had he known Kirk was inside fighting for her life. Moss later confessed to the killing, saying he had been trying to smother Kirk as Ratliff knocked on her door.

Moss committed suicide in the county jail in 1999 while awaiting trial.

Assistant County Prosecutors Mary Jane Martin and Tracie Boyd tried to shift the blame for Kirk's death, noting that Moss was the killer and that Ratliff was in the best position to investigate the domestic call and did nothing but knock on one door.

Several improvements have been made to the 911 center since Kirk died, including computer-aided dispatching, digital-recording devices and mandated training on domestic-violence calls. A cruiser is dispatched now on all 911 calls.

"If you call 911, you should get help immediately," May said. "I think the whole system failed Deborah."

Susi was suspended by Sheriff Jim Karnes and later retired, as did Sgt. Earl Taylor, who took the first 911 call from Kirk at 11:06 p.m. Fellow dispatcher Lisa Clark-Birkhead, who sent Ratliff to the scene at 11:32 p.m., blamed Taylor and Susi for not telling her what was going on in the 911 calls they took.

Karnes said he'll appeal the verdict.

"Although I feel sorry for everyone involved, I do not feel the county was at fault in this. Therefore, I have no choice but to appeal (the verdict) to protect the taxpayers," he said.

It was reported to be the largest jury award against the sheriff's office, but many others against the county have been settled out of court.

This time, the county declined to settle with May.

Assistant County Prosecutor Nick Soulas said she had been willing to settle for $675,000, but the county refused.

Franklin Township trustees already settled with May for $12,500.

bcadwallader@dispatch.com

[explcdt8]

Several improvements have been made to the 911 center since Kirk died, including computer-aided dispatching, digital-recording devices and mandated training on domestic-violence calls. A cruiser is dispatched now on all 911 calls.

Uhh, what do you mean a cruiser is "now dispatched" on all 911 calls. I thought that was SOP throughout the country.


As a general commentary, why take it to court if it could have settled, especially if something was anywhere near questionable?

[greenlead]

Several improvements have been made to the 911 center since Kirk died, including computer-aided dispatching, digital-recording devices and mandated training on domestic-violence calls. A cruiser is dispatched now on all 911 calls.

Uhh, what do you mean a cruiser is "now dispatched" on all 911 calls. I thought that was SOP throughout the country.


As a general commentary, why take it to court if it could have settled, especially if something was anywhere near questionable?

1) Should a police officer be dispatched to ridiculous calls, when he could be doing something more useful? Should a police officer be dispatched to all medic runs?

2) The more you settle, the more lawsuits you will get: free money.

It isn't the police department's job to play Superman. The police officer's job is to investigate crime, and make arrests. Everything else is secondary.

[greenhead]

1) Should a police officer be dispatched to ridiculous calls, when he could be doing something more useful? Should a police officer be dispatched to all medic runs?

2) The more you settle, the more lawsuits you will get: free money.

It isn't the police department's job to play Superman. The police officer's job is to investigate crime, and make arrests. Everything else is secondary.

I think the situation was sad. The fault belonged on the ex boyfriend. I do know though at my husband's dept any and every 911 hangup or call is dispatched as a 2 officer run on a higher priority. It does seem like a waste when it is a 4 year old playing on the phone. But hopefully one of those calls saves a life.

[explcdt8]

My area doesn't give 911 hangups two officers, but officers go to all hangup calls. My town in particular sends PD to any FD/EMS call as well, unless it is really, really alpha response (ie. nosebleed, sick after eating, general illness) but that is partly because FD/EMS is volunteer and PD can get a 5 minute jump on them at some times.


Also, while I know the police can't be Superman, if the story is correct, and the dispatchers didn't advise the officer of the fact a woman was screaming in the background of the call, there is a problem. Does it amount to 2.25 million in damages, probably not.

[Roger Dat]

If the story is indeed accurate shame on those dispatchers. As for the above comment a little over 2 millions is not going to be the equivilant of the loss of a human life no amount is but its definitely enough to teach a lesson.

As listed above we learn from the offender that as the Officer knocks he is trying to smother her to death which means if the officer had been given the information he takes the door and possibly saves her life. Tragic cirumstances indeed.