Pubdate: Wed, 03 Dec 2003 Source: Decatur Daily (AL) Copyright: 2003 The Decatur Daily Contact: http://www.decaturdaily.com/decaturdaily/index.shtml Details: http://www.mapinc.org/media/696 Author: Holly Hollman POLICE INFORMANT'S MOM SUES OFFICERS OVER SON'S DEATH ATHENS - The mother of an Athens police informant shot to death last year is suing police officials. A grand jury indicted John David Brown, 32, of 217971 Elkton Road, for murder in the shooting death of his roommate, Anthony "Tony" McLemore, 31, on Aug. 20, 2002. A trial date is not set. McLemore's mother, Sylvia Vaughn, alleges in a civil rights lawsuit filed Nov. 13 in U.S. District Court that her son's death was due to indifference by the Athens Police Department. Brown told investigators that he was frightened because McLemore was involved with drugs and people were looking for him, Limestone County Sheriff's Department Chief Investigator Stanley McNatt said. Sheriff Mike Blakely said Brown used a 20-gauge shotgun he had borrowed from McLemore's stepfather and shot McLemore below the eye. He told investigators the gun fired accidentally. Blakely said Brown gave a neighbor the gun, called 911 and waited for authorities. As jailers booked Brown, he told reporters, "I did what I had to do." Vaughn's suit says that McLemore was on probation for drug possession when officer Trevor Harris arrested him Aug. 18 for drug possession. In exchange for leniency, Harris and detective Lt. Tracy Harrison made an agreement with McLemore to be an informant and set up Brown, a drug dealer, according to the suit. The suit says police released McLemore without charging him even though his parole officer placed a hold on him. Although narcotics officers told police Brown would kill McLemore if he discovered his roommate was setting him up, the document states police proceeded with the arrangement. Police did not wire McLemore and did not provide him protection, the suit says. It names Harris, Harrison, Brown and Police Chief Wayne Harper as defendants. Harper is out of the office until Thursday and was unavailable for comment. Capt. Marty Bruce referred comment to the city attorney who did not respond to a message left at his office. After McLemore's death, Harper told the media that McLemore had helped police make drug cases in the past, and that he agreed to make a drug buy from a local drug dealer. Harper said when officers released McLemore they told him he was to go home, get a shower and return to the police station to set up a drug buy. Harper said police would have wired him and supervised the buy. Stephen Strickland, a Birmingham attorney representing Vaughn, said he has not received a response from the city's attorney, Jerry Batts. "I expect the city will issue the standard denial," Strickland said, adding that between filings for discovery, summary judgment and appeals, it could be a year or longer before the case is tried. Strickland said his client is not asking for a specific monetary amount. "That will be up to a jury," he said. The civil action asks for compensatory and punitive damages, plus interest and costs, attorneys fees and expenses. Strickland said Brown's criminal case may have an impact on his part of the civil action but that it doesn't impact the overall civil rights case. - --- MAP posted-by: Larry Seguin