A Kansas City policeman has been cleared of liability in a deadly 2008 shooting. A Jackson County jury found claims favoring the dead man didn’t hold up to court scrutiny.
Officer Robert Vivona shot and killed 26 year old Terry Davis in May 2008 when he said Davis pointed a gun at him during a foot chase. Davis had fled a truck after a high speed pursuit.
Vivona’s lawyer, Diane Chirnside, told the jury claims by people who said they were witnesses were wrong, including Davis being shot in the back. He was shot in the chest.
There was evidence the witnesses changed their stories when it came to filing a wrongful death suit. Chirnside argued the witnesses had given their accounts to investigators and reporters and made no mention that Davis had hands in the air when shot. They said so from the witness stand.
Captain Tye Grant speaks for the police department and talked of the courtroom stress Vivona faced, being repeatedly called a liar during three days of trial--“we’re very pleased with the verdict but it does take its toll on everybody that’s involved, especially that officer.”
The lawyer for Davis’ mother told the jury Officer Vivona killed without provocation, in the style of an execution.
After some two hours of deliberation, the circuit court jury found otherwise.