Pubdate: Wed, 06 Jun 2001
Source: Kansas City Star (MO)
Copyright: 2001 The Kansas City Star
Contact:  http://www.kcstar.com/
Details: http://www.mapinc.org/media/221
Author: Richard Espinoza - The Kansas City Star
Bookmark: http://www.mapinc.org/raids.htm (Drug Raids)

FAMILY OF OSAWATOMIE MAN KILLED IN BOTCHED DRUG RAID SETTLES LAWSUIT

The family of an Osawatomie, Kan., man who was killed in a botched 
1999 drug raid has settled a wrongful-death lawsuit for $3.5 million.

The defendants -- Miami County, Osawatomie and Paola -- did not admit 
wrongdoing in the settlement, which will pay Willie Heard's widow, 
three children and three grandchildren $2.4 million after legal fees 
and expenses.

The agreement was filed March 9 in U.S. District Court in Kansas 
City, Kan., after several officials privately told Heard's family 
that they regretted his death, said John Kurtz, the family's attorney.

"I can't say that across the board everybody ended up feeling great 
about everything that happened, because it is a huge scar," Kurtz 
said Wednesday. "...But there was a movement toward an appreciation 
of each other's predicament."

Officials expressed regret about Heard's death, Kurtz said, and 
Heard's family understood the stress that the officers who took part 
in the raid would have faced if the lawsuit had gone to trial.

Officials from Miami County, Osawatomie and Paola either declined to 
discuss the settlement or did not return phone calls Wednesday. 
Heard's wife and children, who now live in Missouri, did not want to 
talk to a reporter, Kurtz said.

Heard, 46, was shot early Feb. 13, 1999, hours after police told a 
judge that an informant had bought cocaine at a house on his block. 
In its lawsuit, the Heard family said police confused a neighbor's 
house with the one where Heard, his wife, Linda Heard, and their 
daughter Ashley Heard were sleeping.

A joint task force of sheriff's deputies and officers from Osawatomie 
and Paola returned to the block with a search warrant, set off a 
flash-bang device to distract their targets and rushed into the 
Heards' house about 1:25 a.m.

Heard was shot in his bedroom 11 seconds into the raid after he 
grabbed an unloaded rifle, officials said. His family has said that 
Heard woke when the officers ran into his house and that he grabbed 
the rifle before he knew what was happening. In the lawsuit, the 
family said officers did not agree whether Heard was pointing the 
rifle at anyone.

Immediately after Heard was shot, officers shouted for plastic wrap 
from the kitchen to try to stop his bleeding. An ambulance arrived 
about four minutes later and took Heard to a hospital, where he was 
pronounced dead.

Police later searched the house and found what appeared to be the 
residue of a burned plant -- too little to test, the lawsuit said -- 
but no cocaine.

Miami County Attorney David Miller said several weeks later that the 
officer who shot Heard had fired in self-defense and committed no 
crime.

Heard's family filed its lawsuit in April 2000.

The settlement was reached shortly after someone who was involved in 
the raid apologized in a meeting with Heard's family, Kurtz said.

"It was very heartfelt and was received as heartfelt by the family," 
Kurtz said. "And it made a lot of difference. I mean a lot."
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