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Man who accidentally shot himself is suing city - Kearney Courier: News

City Lawsuit Man who accidentally shot himself is suing city

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Posted: Thursday, March 13, 2014 12:00 am | Updated: 1:42 pm, Fri Mar 14, 2014.

A Kearney man who accidentally shot himself in November is now suing the Kearney Police Department.

Kearney police responded to Terry Coleman’s residence at 110 W. Washington St. at 4:20 p.m. Nov. 18, 2013, on a report of an accidental gunshot. Coleman, who was having cabling installed by Fairpoint Communications, accidentally discharged a rifle in a closet, wounding himself. The Fairpoint employee onsite called 911 and assisted Coleman until medical personnel arrived.

The police report states that Officer Daniel McGinnis and Police Chief Tom Carey secured the firearms in the house while medical personnel were treating Coleman. Coleman’s lawsuit alleges that the officers had no right to seize his property, and that the search and seizure of these weapons was disruptive to the medical treatment he was receiving at the time.

The suit also alleges that officers held Coleman’s wife outside the home and would not allow her to be by her husband’s side while paramedics prepared to take him to the hospital.

According to the police report, five guns were seized and kept at the Kearney Police Station for safe keeping until Coleman requested them back. Walter Simpson, Coleman’s attorney, said that Coleman’s firearms had not been returned to him.

“I know that a friend of Mr. Coleman’s contacted the police department, and he would like to come by and pick up his guns. He was told that Mr. Coleman had to provide proof of ownership of the guns, which seems ridiculous to me,” Simpson said. “They know where they got them. They took them from his house.”

Simpson said he did not know whether his client had a bill of sale or any physical proof that the firearms belonged to Coleman.

Mayor Bill Dane said the firearms would be returned to Coleman once the resident had gone through the correct procedure with the city’s attorney to ensure that Coleman had the legal right to own firearms.

Dane also said the police department followed standard rules for this type of situation. The officers’ actions when they responded to the gunshot call were not based on whether they thought a crime had been committed. The police report indicates it was a non-criminal investigation.

“The police have always taken any weapon, because it is a crime,” Dane said. “That’s standard procedure, and it will always be standard procedure. So the police didn’t do anything wrong. All they did was follow policy and procedure.”

The suit also alleges that the officers’ actions aggravated Coleman’s post traumatic stress disorder, for which he has been required to obtain psychological treatment and will continue to do so. The police report indicates that officers were in Coleman’s home for two hours.

Dane wouldn’t comment on Coleman’s condition because he believes Coleman’s mental illness has yet to be determined.

“I’m talking about anyone who suffers from mental illness, in my opinion, should not be in possession of firearms,” Dane said.

Coleman has previously filed grievance with the city. On Oct. 3, 2010, Coleman alleged that the city was at fault when he stepped off his porch and into an unmarked construction zone, injuring himself. No suit was filed in connection to this incident. Coleman was notified by the city’s insurance company, OneBeacon, that the city was not at fault and that if he was awarded money, the states of Missouri and Texas would be notified because he owed $43,220 in child support.

Coleman currently doesn't owe back child support to either custodial party.  

© 2015 Kearney Courier. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Welcome to the discussion.

27 comments:

  • bob posted at 2:53 pm on Thu, Mar 13, 2014.

    bob Posts: 1

    Interesting case. A mental patient that fired his gun in his home and shot himself suing because the cops took his guns away from him.

     
  • Nighthawker1963 posted at 5:45 pm on Thu, Mar 13, 2014.

    Nighthawker1963 Posts: 9

    So according to the Mayor of Kearney Mo if anyone who has been sexually molested, abused, attacked, or suffered any kind of trauma in a accident is mentally ill. According to the mayor you are mentally ill if you have been a victim of any kind of traumatic injury and have PTSD. I believe the story stated he has PTSD which is Post Traumatic Stress Disorder not mentally ill. I guess the guy who wrote this story forgot to ask about the victims PTSD and what it was caused from. Mayor Pane of Kearney seem to act like he knows the victim is mentally ill but has know idea about PTSD and its effects on people who have been victims of trauma. The reporter should have found out the true story before he allowed Mayor Pane to give his comments. Its a one sided story by Mayor Pane of Kearney.

     
  • Nighthawker1963 posted at 5:48 pm on Thu, Mar 13, 2014.

    Nighthawker1963 Posts: 9

    The victim has PTSD from a traumatic accident. Now Mayor Pane and the Don Hon is stating the victim is mentally ill. So all you people who have suffered trauma are mentally ill according to the source of Mayor Pane and Dave Hon of the Kearney Courier.

     
  • cynical posted at 2:54 am on Fri, Mar 14, 2014.

    cynical Posts: 7

    what is his case of ptsd..where did it originate?? Did he serve in the war or something??he has sued or attempted to sue the town once which was a no go, obviously he doesn't pay child support in this state or Texas, almost sounds like a scam to me. The town might should look into his problems in Tx, who knows they might be keeping them because he is a felon or they were stolen..who knows

     
  • cynical posted at 2:57 am on Fri, Mar 14, 2014.

    cynical Posts: 7

    I believe they are looking into the case of ptsd, or other factors...cops do not hang around for 2 hours for any reason...there has to be more to it.

     
  • Nighthawker1963 posted at 12:31 pm on Fri, Mar 14, 2014.

    Nighthawker1963 Posts: 9

    The Story Dave Hon wrote on the child support is a total lie. He used an old document 4 years old to make people believe $43,000.00 was owed which is false. If he had taken the time to get a current statement from the States Dave Hon would have found the truth that there are no arrears of any kind on child support and all balances are at 0.00 as of 03/10/2014. This is the type of journalism that creates false images of people because a reporter did not take the time to investigate the truth. A copy of the Child Support payments have been forwarded to Dave Hon at the Kearney Courier and we will see if he has the fortitude to tell the truth now. Some of the other things written were heresy by Dave Hon. There is only partial truth in his story and comments from people who have no idea about any of the situations.

     
  • Nighthawker1963 posted at 12:33 pm on Fri, Mar 14, 2014.

    Nighthawker1963 Posts: 9

    You can contact dave hon at dave.hon@kearneycourier.com and ask him to put the truth about the child support arrears that he claimed was the truth he has the documents in his possession that prove he claim to be incorrect and a false accusation. I doubt if he will recant the story because that would prove him to be wrong on the owed amount.

     
  • Wise Adviser posted at 2:07 pm on Fri, Mar 14, 2014.

    Wise Adviser Posts: 71

    Nighthawker: Yes, according to the U.S. Government's National Institute of Mental Health, PTSD (also known as Post-Traumatic Stress Disorder) is a mental illness categorized as an anxiety disorder. Read more at: http://www.nimh.nih.gov/health/topics/anxiety-disorders/index.shtml.

     
  • Wise Adviser posted at 2:32 pm on Fri, Mar 14, 2014.

    Wise Adviser Posts: 71


    With all due respect, having just read the article above, the straightforward and reasonable interpretation to me (an unbiased occasional viewer of The Courier online) of the last paragraph of the article as written is that the child support amount quoted was owed as of the date of One Beacon’s investigation of the prior grievance filed in 2010.

    NOTE: The article says "he owed" and does not state "he currently owes".

    Now if there is additional relevant information that was left out of the article, simply provide it to the reporter in a non-confrontational courteous manner. There is no doubt in my mind that you would likely get a follow-up story in the next week's issue if you were able to provide credible and relevant information pertaining to the issues at hand.

     
  • Wise Adviser posted at 2:48 pm on Fri, Mar 14, 2014.

    Wise Adviser Posts: 71

    Just as I was commenting, an additional sentence was added to the article and should clarify any perceived misunderstanding Nighthawker.

    The following was added: "Coleman currently doesn't owe back child support to either custodial party."

     
  • Nighthawker1963 posted at 9:20 am on Sun, Mar 16, 2014.

    Nighthawker1963 Posts: 9

    Also the amount of time the police supposedly were at Mr. Coleman's house is a lie. They were only there in response to the accident. There was no crime committed. It was not a criminal investigation. The 4th amendment is present so that law enforcement officers cannot just come into a person house and seize anything they want. The 4th amendment protects people from illegal search and seizure unless a crime has been committed or a search warrant has been served. In this accident neither were the case. So according to the 4th amendment the police violated it by illegally seizing and searching Mr. Coleman's house. When Police officers get the attitude where they think they have the right to

     
  • Nighthawker1963 posted at 12:57 pm on Sun, Mar 16, 2014.

    Nighthawker1963 Posts: 9

    The question would be what did the second story have to do with the first one. I think it is because the City of Kearney is trying to inflame the whole thing and make themselves look good regardless of there actions which obviously the operate from a dictatorship mentality. The Mayor obviously stated people with PTSD are mentally ill or the person writing the story added the mental illness part instead of referencing it as PTSD. There all types of mental illnesses that could be assumed a person has. Why did the writer drift to mental illness when the question was about PTSD and it was never mentioned again but stated as an illness and the Mayor of Kearney made a blanket statement about anyone with mental illness should not be in possession of a firearm. If a Police officer is involved in a shooting or shot and he suffers PTSD from the incident then according to Mayor Dane the Officer would be mentally ill and should not be allowed to carry a firearm again and could not be a Police Officer anymore because his PTSD would declare him mentally ill and incompetent of carry a fire arm again according to Mayor Dane of the City Of Kearney. I believe he was just showing his ignorance on PTSD and obviously the reporter did know much about it either or his was trying to inflame his story by using mentally ill instead of PTSD. Neither one of the people speaking had any idea of Mr. Coleman's cause of PTSD so they just used the words they wanted to make the situation seem worse. The reporter cannot say he had no part in inflaming the story to make it more intense that it truthfully was.

     
  • Nighthawker1963 posted at 1:05 pm on Sun, Mar 16, 2014.

    Nighthawker1963 Posts: 9

    The whole problem with this situation is the City of Kearney has to make up false stories and false rumors of what the police actions were because they are afraid that it is going to cost them. The police make incorrect statements and twist the law to make themselves to be in the right. A non criminal or accident is not treated with the same procedures as a criminal investigation. Accidents have the 4th amendment to protect the people and their property against illegal search and seizure and it limits the police from use their position of power to do what they want to regardless of the law and constitutional rights of the people. They are to protect and serve, not bully and abuse there power or position. When they do abuse their power then they distort, twist, and try to make up alibi's to cover their mistakes.

     
  • Wise Adviser posted at 3:20 pm on Sun, Mar 16, 2014.

    Wise Adviser Posts: 71

    It will be interesting to see what happens with this case. Hopefully the Courier will follow the publicly available Docket Report on MO Case Net and give regular updates. The ultimate outcome will tell us a lot about Police Powers versus Gun Owner Rights. To me, any shooting of a person whether initially perceived to be accidental or not, should involve a full blown investigation. If the shooter is being taken away for treatment, securing the weapon used to shoot one's self and any others that are visible at the scene of the shooting wherever that may be certainly makes sense in regard to the their sworn duty to PROTECT the public. We'll see what the Courts have to say.

     
  • Nighthawker1963 posted at 4:52 pm on Sun, Mar 16, 2014.

    Nighthawker1963 Posts: 9

    In Mr. Coleman's house the guns could not be seen in the closet because the door was partially ajar. The guns were chained to the wall with pad locks. The chain went through the trigger guard of the weapon in question. The magazine was not in the weapon. The weapon fell forward and the chain pulled the trigger and there was a cartridge in the chamber and no one knows how long it had been there. The rifle in question was a antique. The bottom of the closet was also locked with a pad lock and it had nothing to do with the weapons out in the open. The police cut the lock on the bottom of the closet cabinet and then took a locked gun box out and cut the lock on it. None of the things in the bottom of the closet could be in plain sight. The only way to get to them would be to remove all the items in the closet off the lid of the cabinet at the bottom of the closet and then cut the padlock off to get inside. The police report forgot to mention these things. They doctored the police report to cover the rear end because it was illegal to remove the things from the closet cut a locket cabinet and then bust open and safe in side the bottom of the closet. Small town policeman think they can do whatever they want regardless if it is a violation of a persons 4th amendment and regardless if a crime had not been committed, and regardless if they did not have a warrant. The 4th amendment gives every home owner privacy unless a crime has been committed. It protects home owners from illegal search and seizure of property especially if a crime has not been committed. It is just small town Police brutality and abuse then the Mayor of the City makes false statements and the police do not report according to how the accident happened and just make up there own story to protect themselves regardless if the took and oath to protect and serve.

     
  • Auntagn61 posted at 5:45 pm on Sun, Mar 16, 2014.

    Auntagn61 Posts: 3

    The story is nothing close to the truth. My husband was the one that was accidentally shot by a weapon that was chained to the wall and it fell and the chain caused the weapon to discharge. The police took a statement from me before they went into the house and I told them it was an accident. When I tried to go be by my husband because I had no idea if he was dead or dying they stated "I could not go inside because it was a crime scene" and they knew that it wasn't. They held me against my will knowing there was no crime committed. There are many other things they did regardless of our rights as citizens and regardless of what the 4th amendment states. They illegally searched and seized property they had not right to.

     
  • Auntagn61 posted at 5:50 pm on Sun, Mar 16, 2014.

    Auntagn61 Posts: 3

    Between the untruths told by the police and the newspaper my husband has been called a mental patient, and mentally ill. He has PTSD from some things that happened when he was a child and has had to go to therapy for them. He has had trauma from the gunshot and he feels the police violated his rights and it creates memories of when he was violated as a child. If they would have done things in the correct manner they would not have to demean themselves with half truths and an incomplete police report that only states their side of things.

     
  • cynical posted at 2:54 pm on Wed, Mar 19, 2014.

    cynical Posts: 7

    just curious if he is suing the cable company and their employee who called 911 and aided him til helped arrived....I bet that cable tech will never forget that workday...he probable will have a few symptoms of PTSD himself for a lil while.

     
  • Auntagn61 posted at 10:51 am on Thu, Mar 20, 2014.

    Auntagn61 Posts: 3

    Cynical why do you have to be such a jerk wad. The cable tech helped save his life now why would you say something so ignorant. I guess you can't help being ignorant. There are a lot of people like you who make comments on situations you have no idea about. Nobody cares about the truth of what really happened they just want to inflame things. Most people do not have the education or common sense to speak in a public space.

     
  • Ktown03 posted at 1:29 pm on Thu, Mar 20, 2014.

    Ktown03 Posts: 5

    Well, Kearney's finest need to be brought back to reality ....... and this law suite just might do it ! The police report says "non-criminal investigation", which means if there was NO crime committed, THEY DO NOT HAVE THE RIGHT for search and seizures. You want a little education on the 1st, 2nd, 4th, and 5th amendment of the Constitution, go out and watch some YouTube videos of police being video recorded trying to pull crap on citizens! It is a REAL eye opener on how many cops actually know the law and the job / oath they took......

    Terry v. Ohio, 392 U.S. 1 (1968), was a landmark decision by the United States Supreme Court which held that the Fourth Amendment prohibition on unreasonable searches and seizures is not violated when a police officer stops a suspect on the street and frisks him or her without probable cause to arrest, if the police officer has a reasonable suspicion that the person has committed, is committing, or is about to commit a crime and has a reasonable belief that the person "may be armed and presently dangerous."[

    This also applies to ones home and vehicle !!!

     
  • Ktown03 posted at 1:32 pm on Thu, Mar 20, 2014.

    Ktown03 Posts: 5

    Makes we "wonder" what they do with dash cam videos when they don't "like the way things when on the part of to police".... I bet they magically get edited and or deleted !

     
  • Ktown03 posted at 2:09 pm on Thu, Mar 20, 2014.

    Ktown03 Posts: 5

    Why would they even put that in this article ??? It is not relevant to the story and besides that....... he does not even owe anymore.

     
  • Nighthawker1963 posted at 6:25 am on Sat, Mar 22, 2014.

    Nighthawker1963 Posts: 9

    I am the man who accidentally shot himself. I have been working with the reporter on this story getting all the truth put forth. I have sent the proper paper work from the State of Missouri who was in charge of collecting my Child support and their records show I owe not back child support and I have not owed any back child support since 07/2011 and at the time of this accident I was not in the arrears for $43,000.00 dollars. According to the Missouri Child Support Enforcement I was never behind enough to where I has to be arrested of charges were filed because of the arrearage. In Missouri if you fall behind $5,000.00 they will charge you with a crime, arrest you, and send you to jail if you do not pay it or make arrangements to pay it promptly. Once I received all my back pay that was owed all my arrears were paid off and after that I was never in the arrears again. Also the City of Kearney has tried to bully me several times over the fall injury where they forgot to set up the proper safety fences or signs where the work was being done. I have pictures and video showing that no type of safety procedures were ever done from the start of the project until the finishing of it. I have been harassed by Kearney City officials and by the police for the grievance that I filed against the City of Kearney. Due to the accident I received a concussion, and have had to have multiple shoulder sureties and therapy because of them not putting up proper safety barricades of fences. In most cities it is mandatory that all construction sites where the public has access have to have proper safety barricades, fences, warning signs or something alerting people of the dangers. Also I will be writing my side of the accidental gun shot episode in the next few weeks and everything that I state will be facts back up by paperwork and true eye witness testimonies of the people who were present at the time of the accident and what the actions of the Kearny Police Department were.

     
  • cynical posted at 1:49 pm on Sat, Mar 22, 2014.

    cynical Posts: 7

    well, I must say Mr. Coleman that I know for a fact that you owe over 16,000 in arrears in back child support in the state of Texas, also you were convicted of a felony in the state of Texas..say what you will and blame it on your wife. I would think your attorney would beg for you and your wife to stay off the comments and to let him do his job as an attorney....that's just a thought

     
  • cynical posted at 1:58 pm on Sat, Mar 22, 2014.

    cynical Posts: 7

    03/22/2014

    Other Parent: TERRY COLEMAN

    Dates are shown in MM/DD/YYYY format.

    Payment Date Payment Amount Payment Type
    11/30/2012 $269.05 Texas Debit Card
    11/30/2011 $1214.36 Texas Debit Card
    09/12/2011 $1000.00 Texas Debit Card
    09/01/2011 $604.50 Texas Debit Card
    08/10/2011 $202.10 Texas Debit Card
    07/08/2011 $202.10 Texas Debit Card
    06/08/2011 $202.10 Texas Debit Card
    05/10/2011 $202.10 Texas Debit Card
    04/06/2011 $202.10 Texas Debit Card
    03/09/2011 $202.10 Texas Debit Card
    02/09/2011 $121.60 Texas Debit Card
    01/10/2011 $202.10 Texas Debit Card
    Arrears

    $16,687.63
    Case Status

    Your case is currently in the enforcement process. We use several methods to collect child support. Our office may withhold wages, unemployment insurance benefits, worker's compensation, military allotment, and other sources of periodic income. For those parents who have fallen behind in their payments we may use collection letters and calls, interception of income tax refunds, credit bureau reporting, license suspension, administrative liens and interception of lottery winnings.

    I believe Mr. Coleman has access to these same records so he needs to look it up obviously, but I assume that will not suit his purpose.

     
  • cynical posted at 2:01 pm on Sat, Mar 22, 2014.

    cynical Posts: 7

    his child support was set at only 150 per month so its obvious he never paid child support until he collected money thru a source that had his ss number, this is almost ridiculous.

     
  • cynical posted at 2:36 pm on Sat, Mar 22, 2014.

    cynical Posts: 7

    Grayson county TX has public online records to prove his felonies, tho some were dropped because he worked with the police and got other people in trouble..its not that hard to look up, the last 10 years he has spent months at a time in TX and OK, they need to look there for where the guns use to reside probably with their rightful owners.

     

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