Pubdate: Tue, 26 Sep 2000
Source: Virginian-Pilot (VA)
Copyright: 2000, The Virginian-Pilot
Contact:  http://www.pilotonline.com
Forum: http://www.pilotonline.com/webx/cgi-bin/WebX
Author: Jon Frank
Bookmark: additional articles on SWAT are available at 
http://www.mapinc.org/find?BK=swat

JUDGE SUSPENDS JAIL TIME OF MAN SHOT DURING RAID

VIRGINIA BEACH -- It was more than two years ago that Kevin J. Comeau was 
shot in the hand when police SWAT team members raided his home, seizing 
drugs and guns.

Comeau, who was in bed at the time of the raid, lost the use of much of his 
right hand as a result of the injury. His ring finger was amputated.

On Monday, Comeau was given a suspended sentence after his attorney, 
Stephen C. Mahan, successfully argued that prosecutors already had 
extracted their "pound of flesh, literally as well as figuratively."

Comeau, who pleaded guilty to possession of marijuana, cocaine and firearms 
on March 15, was sentenced by Circuit Judge Alan E. Rosenblatt to five 
years in prison on the cocaine and weapons charges, and 30 days in jail on 
the marijuana charge.

"You have learned a hard lesson a hard way," Rosenblatt said shortly before 
suspending all of the jail time on condition of Comeau's good behavior for 
the next five years.

Comeau, 43, was alone in his bed in a second-floor room in the 1200 block 
of Princess Anne Road on July 28, 1998, when a police SWAT team burst into 
the residence in the middle of the night.

He was shot through the right hand, and a piece of the 9mm slug lodged in 
his chest. Police found quantities of cocaine and marijuana in the house. 
They also found a revolver, two shotguns and a black-powder rifle.

Although Comeau admitted using marijuana, he denied being the drug dealer 
for whom police were searching. He claimed he was a victim of mistaken 
identity.

Police conducted the raid fully armed and ready for combat because they'd 
been tipped by an anonymous source that there were guns inside the residence.

They claimed that once they were inside, Comeau lunged at one of the 
officers and thrust his right hand forward, as if he had a gun. That's when 
Comeau was shot, police said.

Comeau then fought with police as they tried to handcuff him.

In July, Comeau filed a lawsuit, naming as defendants the officer who shot 
him, the city and the chief of police. The lawsuit seeks $1.5 million in 
damages.

The lawsuit accuses Officer R.J. Smith of negligence. It also accuses 
then-Police Chief Charles Wall of failing to train and supervise the SWAT team.

The suit accuses the city of knowing about "dangerous conditions" because 
of earlier police shootings.
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