LOUISIANA JUSTICE FOUNDATION. * * * * * * * * * * A conceptual ideal not found in the ephemeral or perfunctory; it is conclusive and inclusive. Justice is a primal force, balanced by prevailing wind. We live with its outcomes. Its evasiveness deprives us. The masses plead for it. The elite tamper with it. The search for it is endless. As thought; never embraced, merely fondled. Compromised. Justice in its finality, complete.
Monroe wrongful death suit settled
...but it’s not be over yet
MICHELLE BATES, Editor
The civil suit against the Town of Homer and two officers involved in the shooting death of a Homer man has been settled, but it’s not necessarily over.
Bernard Monroe Sr. was shot and killed by former Homer Police Officer Tim Cox on Friday, February 20, 2009, in the front yard of his home. According to police, Cox and former Officer Joseph Henry were pursuing Monroe’s son, Sean. The foot pursuit ended in Monroe’s front yard where Cox allegedly chased the younger Monroe out of the house. Initial reports say Monroe was shot when he allegedly engaged the two officers with a loaded handgun. Witnesses, family members and friends say Monroe did not have a gun in his possession at the time of the shooting.
Along with the Louisiana State Police, which conducted the physical investigation, the Federal Bureau of Investigation (FBI) began an inquiry as well into any violations of civil rights allegations soon after the incident. That investigation was still ongoing, according to Special Agent Andre Jeanfreau, acting spokesperson for the FBI, New Orleans Division. Officials would not give a timeline or an estimated date as to when the investigation would be complete.
“We do acknowledge that these are open and ongoing cases, but we can’t comment on the specifics of the case,” Jeanfreau said.
In Monday night’s regular monthly meeting, the town council unanimously agreed to accept a motion to settle with the Monroe family after more than a year of investigation and heartache on both sides. According to the agreement released to the media, the town has agreed to pay Louise M. Monroe, Monroe Sr.’s widow, a total sum of $125,000, with the first payment of $50,000 to be made immediately and $25,000 each year for the next three years.
On the same note, though, a “gag order” of sorts has been issued, which orders parties and attorneys on both sides not to speak to the media, except to acknowledge the agreement.
“Although the parties understand that this settlement document may be a public record and therefore discoverable via a public records request, the parties and their counsel agree that this settlement and the terms thereof shall not be publicized, promoted, or communicated (other than to acknowledge the settlement and this agreement) in the media, on the internet, or otherwise in public as it is the parties desire to resolve this matter fully,” the agreement stated.
The agreement also releases the Town of Homer, Cox and Henry from any liability, which means they cannot be sued on this same case again.
However, this settlement does not mean the town or the officers are admitting to any wrongdoing.
“It is understood and agreed that this is a compromise settlement of doubtful and disputed claims, that the parties herein released expressly deny any and all liability whatsoever in the premises, this compromise settlement being entered into primarily for the purpose of avoiding further litigation,” the agreement states.
Both officers were cleared of any criminal wrongdoing by a grand jury called by the Louisiana Attorney General’s Office in February. After two days of looking into the case, the grand jury came back with a “no true bill,” which means they didn’t find enough evidence to charge the two officers with any criminal charges.
Also, the state police report on the Monroe case is still tied up with the attorney general’s office, citing ongoing litigation in New Orleans on a case involving the deaths of five people after Hurricane Katrina in 2005. A grand jury also cleared a physician who was blamed for the five deaths, and those records were returned to the charity hospital. However, local and national media outlets disputed the return of those records saying they were public record, even though portions of those records are the patient records of the deceased.
The attorney general’s office has filed suit, asking the Louisiana Supreme Court to better define public records law. That case was handed back down to a lower appellate court for reconsideration, and as of press time, there is no word where that case stands.
Until the New Orleans case is completed, Attorney General Buddy Caldwell has put a hold on all records unless they have been prescribed, or the cases have been permanently closed.
Gun traced back to origin
State police wrapping up investigation
MICHELLE BATES, Editor
The handgun allegedly aimed at two Homer Police officers resulting in the death of an elderly Homer man has been traced back to its origin.
According to Louisiana State Police Troop G Spokesman Doug Pierrelee, the Department of Alcohol, Tobacco and Firearms (ATF) traced the handgun back to its place of origin. This does not mean the weapon has been traced back to its owner or any one specific person. It means just exactly what it is – its place of origin.
Bernard Monroe, Sr., 73, was shot and killed Friday, February 20 by a Homer police officer after he allegedly engaged two officers with a gun. Just before the shooting occurred, the two officers involved were pursuing his son, Sean Monroe, on foot, when that pursuit ended in the elder Monroe’s front yard.
Currently, investigators are assembling all the information gathered over the last several weeks, but they are waiting on completed reports from other agencies including the ATF.
“Our findings are our observations and collections, which include DNA testing from other professionals,” he said. “They include analysis by the ATF. This is the culmination of all these efforts that we submit. We don’t make a ruling. What we’re asked to do is to produce something that can be used to make a decision on this.”
The state police is wrapping up its investigation and has been working with the Federal Bureau of Investigation (FBI), but the two agencies haven’t been working on the same aspects of the case. While state police investigators have been collecting physical evidence and piecing together what happened, the FBI is looking for any wrongdoing or any misuse of power.
“They’re (FBI) trying to investigate the potential of that happening (wrongdoing or misuse of power) in this case,” Pierrelee said. “Our concern is ‘What was happening when everything was going normal, to (the) pursuit, the tasering, a shooting, and what happened until we got there.’ That’s what people should expect when we turn this in. We’re only interested in those things that we can measure, those things that we can collect, identify and analyze.”
Steve Hall, agent in charge from the Shreveport Field Office, said their investigation is still ongoing, but they are making “good progress” in the case.
Once the facts are put together and the reports are written, state police findings will be submitted to the District Attorney of the Second Judicial District, Jonathan Stewart. It will then be up to Stewart to assemble a grand jury to decide whether there is enough evidence to carry the case to a trial.
“I will get their report, and I will review it, then make a determination on how to proceed,” Stewart said. “If I make a decision where further investigation is needed, then I will call together a grand jury, and I would not be able to make the report public until the (DA’s) investigation is over with.”
The function of a grand jury is to determine whether there is enough evidence to bring charges against a person. If they find that there is enough, they will file what is called a “true bill.” If they don’t, they will file a “no bill.”
According to law, there is a third option in Louisiana, “By pretermitting entirely the matter investigated.” This requires nine of the 12 grand jurors to determine there is not enough evidence presented to determine if a person should or should not be charged with a crime. This means they don’t know, and if that’s the case, it will be up to the district attorney himself whether to accept the grand jury’s findings or move forward with any charges.
Controversy has swarmed the small Town of Homer since Monroe’s death. Witnesses at the scene have said the elderly man did not have a gun in his possession at the time of the shooting. Tensions have run high, and the National Association for the Advancement of Colored People (NAACP) has called the FBI, the U.S. Justice Department and the U.S. Attorney’s office to investigate several aspects of the incident.
The U.S. Justice Department sent an assessment team from its Community Relations Service branch to Homer to help keep the peace in the community while the investigation is ongoing.
On Friday, March 13, a community forum, sponsored by the Justice Department, was held to allow the community to voice its grievances and say what they feel about the situation in general. Many voiced their contempt of the Homer Police Department, but many also voiced their desire for change in their community.
Most of those in attendance were from the Pearl Street and Buck Bottom areas of Homer, as well as Mayor David Newell, the town council and others.
