• Originally published in the Sun-Sentinel (Fort Lauderdale, FL) December 16, 2004 Thursday Broward Metro Edition

• After Spraying Black Teen Police Refused to Give Medical Help

By Brittany Wallman Staff Writer

The city tentatively has reached a $500,000 settlement with the family of Raymond Sterling Jr., a young black man whose run from police after a routine traffic stop last year led to his death.

Sterling's death in police custody set off public controversy about the use of pepper spray and the city's actions and inactions leading up to his final moments.

An internal memo to elected officials Wednesday outlined the terms of the settlement, which would put to rest, for half a million dollars, a lawsuit Sterling's family filed against the city for wrongful death and civil rights claims.

Sterling, 21, died in April 2003.

Sterling, who was driving with a suspended license, ran from police. When he was caught and refused to get in the squad car, he was pepper-sprayed. Sterling began showing signs of distress and died soon after. Neither police nor paramedics took Sterling to a hospital or tried to revive him.

The medical examiner ruled that Sterling died as a result of sickle cell trait, the pepper spray, exhaustion from the chase and asthma. Sterling's red blood cells sickled, or bent, robbing him of oxygen.

In the aftermath, the Police Department issued a new policy governing the use of pepper spray. The crux of the public criticism rested, though, on what fire and police officials didn't do -- try to save him.

The four firefighter-paramedics involved were fired, but two of them won their jobs back this month. All the police officers involved were cleared.

The city was faced with having to hire lawyers to defend all the firefighters and officers in court. Though the city has a sovereign immunity cap of $200,000 for part of the legal claim, there is no cap on what the city could pay out on civil rights litigation.

"Due to the nature of the claims," City Attorney Harry Stewart wrote in a memo to elected officials, the city manager and city clerk Wednesday, "and particularly in light of the costs of defense for the city and all the individuals involved in this case, it is recommended that the Commission approve the payment."

Commissioners discussed the lawsuit last week in a closed-door session. Stewart's memo says the $500,000 figure was the result of negotiations.

Sterling's father, Raymond Sterling Sr., said Wednesday that he hadn't been told by his attorney, Willie Gary, about the settlement offer. The settlement isn't final until city commissioners vote on it Tuesday and Sterling Sr. signs off on it.

He would rather not settle at all, he said. But that would be reckless, he said, a risk too great to take. Raymond Jr. left behind a toddler, Raymond Deshon Sterling, 2.

"You could wind up with nothing," Sterling Sr. said. "So when you look at that and you look at his son and him not having a father and taking a chance on him getting nothing or having money for his college, it's risky. It's a chance that I don't think is wise to take."

Sterling Sr., 41, a Tamarac resident, said he was helping raise his grandson.

"You could say I'm his father now," said Sterling Sr., who was 17 when Sterling Jr. was born.

The toddler doesn't ask for his father as often as he used to, Sterling Sr. said.

"But if you show him a picture, he knows who that is." [more]