From [HERE] and [HERE] The mother of a Black man who was shot and killed in downtown Cleveland by an off-duty Cleveland police officer filed a wrongful death lawsuit in the Cuyahoga Court of Common Pleas Friday morning.

The lawsuit says Cleveland patrol officer Roger Jones used excessive and unreasonable force when he shot Kenneth C. Smith (aka Kenn Ball), 20, in the head after physically removing him from a vehicle on East 9th St. and Prospect Ave. on March 10, 2012. The lawsuit says Smith's mother, Shauna Smith, suffered "great losses" and "emotional distress" as a result of the "wrongful death" of her son. She is asking for damages in an amount to be determined by the court.

"What we've seen so far is this was almost like an execution and then it was covered up because witnesses were told to get out of there -- there has to be some accountability," said Terry Gilbert, Shauna Smith's attorney. 

Police investigators said the incident began when off-duty Cleveland Police Officer Roger Jones saw a suspect firing a weapon from a car outside the bar, and decided to follow the car on foot onto East 9th Street. That’s where he used his cell phone to notify on-duty officers.

After the car was boxed in, police said the driver of the vehicle and the rear seat passenger complied with their commands and were detained, but the Cleveland Police Patrolmen’s Association maintains Kenneth Smith, sitting in the front passenger seat, did not, and that’s when off-duty officer Jones decided to bust out the car window.

Union President Jeff Follmer told Fox 8, “He was given several orders to get out of the car, which he refused. They couldn’t see his hands, at which point a gun was seen, and that’s when the officer fired, because he was in fear for his life.” Officer Jones claims he saw Smith reach for a gun. Then he shot him - while he was still inside the car.

However, the lawsuit says Jones physically removed Smith from the car, placed him on the ground and then shot him in the head, in spite of Smith's attempts to surrender to police. When he was outside of the car on the ground he was no longer near any alleged gun inside of the car. According to the lawsuit, 

"Jones pulled Smith out of the vehicle and ordered Smith to move to the ground. Smith begged Jones not to kill him while raising his arms to surrender. Smith had no weapon or posed any threat to Jones. However, Jones pointed his semi automatic gun toward the left side of Smith's head as Smith complied with the order to get to the ground, and shot him once, at close range. Smith lay gurgling for breath for many minutes before an ambulance was called. He died of the gunshot wound to his head.

The shooting was witnessed by horrified civilians who watched the shooting from vehicles stopped at the intersection, but were told by other unnamed officers to leave the scene thereby making those witnesses unavailable and unknown in order to refute the false and self serving account given by Jones.

Defendant Jones deliberately used excessive and deadly force in seizing Smith, violating Decedent's constitutional right to be free of both excessive and deadly force." [PDF] 

The city of Cleveland is not commenting on the lawsuit. A spokesperson sent us this statement:

"The use of deadly force was investigated by the Division’s Use of Deadly Force Investigation Team and the results of that investigation were forwarded to the City Prosecutor’s Office for review. After review by the Prosecutor’s Office the Division will conduct an administrative review. Roger Jones is currently assigned to regular duty at the 3rd District."  - Maureen Harper, Chief of Communications, Office of the Mayor.

The lawsuit comes a month after Ohio Attorney General Mike DeWine accused the Cleveland Police Department of "systemic failure" last November when officers firing 137 shots and killing two unarmed Black poeple.

More than 60 police cars chased a car driven by Timothy Russell from downtown Cleveland to East Cleveland, where officers shot and killed Russell and his passenger, Malissa Williams.

Cuyahoga County Prosecutor Timothy McGinty is expected to present the findings of a state investigation of the chase and shootings to a grand jury to determine if criminal charges should be filed. [MORE]