The family of a 22-year-old Morvant man who was accidentally killed during a police shooting in 2007 has been awarded more than $700,000 in damages.The damages were assessed last week by Master Martha Alexander presiding in the Port-of-Spain High Court.In her order, Alexander said the State should pay the family of Joel Charles, of Mon Repos Road, Morvant, $540,000 for his loss of earnings.
She also ordered the State pay the family $55,000 in special damages which covered the legal fees for the coroner's inquest which was conducted into Charles' death as well as for his funeral costs. Before his death, Charles was employed as a construction worker and also fished on weekends to supplement his income.
According to the evidence presented in the case, on April 5, 2007, Charles was liming with friends outside a shop near his home when two police officers arrived in a marked police vehicle.The officers then arrested two residents who were standing in front of the shop, and placed them in the back of their vehicle."Several members of the community began to protest the arrests by shouting and a couple unknown young men threw bottles towards the police vehicle," Charles' statement of case stated.
The officers stopped the vehicle, got out and began shooting at the shop. Charles, who was seated on a bench in front of the shop and was not involved in the exchange with the officers, was shot in the chest. He was taken to Port-of-Spain General Hospital where he died several hours later.
Charles' family, in their lawsuit for negligence and assault and battery, claimed the officers failed to properly assess the situation and reacted in a disproportionate manner. They also claimed the lawmen did not exercise the duty and care required for police officers.The lawsuit was not challenged by the State and a default judgment was entered in the case.The family was represented by attorneys Kent Samlal, Shabeena Mohammed and Abdel Mohammed.
