Judge Sam Cummings says a memo, allegedly thrown away by former police Chief Claude Jones, will not be considered at trial. Attorneys for the family of Juan Nunez filed the motion just days after Jones announced his retirement.
Nunez died in April of 2006 after Officer Matt Doherty tased him during a domestic dispute at a home in the 4400 block of Jarvis. An autopsy showed he died as a result of the tasing, a fall, and intoxication. His family is suing, claiming the city used excessive force.
Earlier this month, attorneys filed a motion claiming Jones destroyed a memo about the Lubbock Police Department's taser policy. Court documents claim that Jones said quote "we don't want to leave any paper trail." However, Jones says he doesn't remember saying anything like that.
Judge Cummings says the evidence clearly suggests the memo only dealt with an instruction for officers not to discuss taser training with the media, and had nothing to do with the department's taser policy.
He went on to say that it's not at all clear what relevance the memo could have had as evidence in this case.
|Courts & Crime|