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Subject:

Man's kin awarded millions in his death

Author:
Chris

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Date Posted: 07/ 7/07 5:24pm

Man's kin awarded millions in his death

Cop said killing was self-defense

June 23, 2007

BY DAVID ASHENFELTER

FREE PRESS STAFF WRITER

A federal court jury has awarded $6.8 million to a 31-year-old Shelby Township man who was shot to death by a Marine City police officer in 2004.

A seven-member jury deliberated for five hours after a seven-day trial before awarding the damages Thursday to the family of Tomo Perkovic, shot to death by Officer James Heaslip during a confrontation in rural St. Clair County around 10 p.m. on a Sunday night in January 2004.

It's unclear why Perkovic, a disabled house painter, was in the area. Authorities say they believe he had run his car into a ditch.

A homeowner called police to report someone trying to break into her home. Motorists complained about a man on the road swinging a shovel at passing cars.

Heaslip said that when he arrived at the scene, Perkovic, standing in the road, threatened to kill him. Heaslip testified that he hit Perkovic in the thigh with a baton, which Perkovic kicked out of his hand. When Perkovic lunged, Heaslip said he fired in self-defense.

But experts called by lawyers for Perkovic's family, Ven Johnson and Paul Broschay of the Geoffrey Fieger law firm, said the bullet trajectory indicated Perkovic was kneeling when Heaslip shot him in the abdomen. Other experts testified that Perkovic was incapable of attacking anyone because of a knee injury.

Heaslip, who is still with the Marine City department, was cleared criminally after investigations by the St. Clair County Sheriff's Department and Michigan Attorney General's Office.

Heaslip's lawyer, G. Gus Morris of Southfield, said he plans to appeal the decision.

Contact DAVID ASHENFELTER at 313-223-4490.

Courtesy of the Detroit Free Press Inc.

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