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Wrongful-death Suit Against Cop Is Dismissed
A state judge has dismissed a wrongful-death lawsuit against a Buffalo-area police officer who shot and killed a man during a carjacking three years ago.
State Supreme Court Justice Kevin Dillon ruled that the fatal shooting of Terry Mason was reasonable under the circumstances.
James Koch, Police Lieutenant of Town of Hamburg shot Terry Mason, 34, as the two struggled for control of the speeding car Mr. Mason had stolen in September 2002 after robbing a store at the McKinley Mall outside of Buffalo.
An Erie County grand jury ruled that Lieutenant Koch had been legally justified in using deadly force to subdue Mr. Mason, an ex-convict with a long arrest record.
The wrongful-death lawsuit was brought against Lieutenant Koch and the town on behalf of Terry Mason's estate.
The attorney for the estate says he intends to appeal the ruling.