Date: 03-16-2013

Case Style: Annelle Wharton v. City of Albuquerque

Case Number: D-202-CV-201006590

Judge: C. Shannon Bacon

Court: District Court, Bernalillo County, New Mexico

Plaintiff's Attorney: Frances Crockett Carpenter, Joseph Patrick Kennedy, Shannon L. Kennedy

Defendant's Attorney: Kathryn C Levy

Description: Annelle Wharton and Kenneth Ellis, II, individually and on behalf of the Estate of Kenneth Ellis III sued The City of Albuquerque, Albuquerque Police Department Detective Brett Lampiris-Tremba and Byron "Trey" Economidy on civil rights, negligence and respondeat superior theories claiming that Lampiris-Tremba wrongfully and fatally shot Kenneth Ellis III, an Iraq war veteran, in the neck.

Ellis apparently suffered from PTSD and got into a confrontation with Albuquerque police in front of a convenience store in 2010. Plaintiff claimed that the city was negligent in the supervision of Lampiris-Tremba and that Byron "Trey" Economidy used excessive force in stopping Ellis on the day of the shooting. Lampiris-Tremba shot Ellis in the neck when he pointed a gun at his own head.

The Plaintiff claimed that Economidy violated Ellis' civil rights when he pinned his Corvette into a paqrking space in front of the convenience store.

Lampiris-Tremba claimed that he feared for his own life and that he did not give any warning to Ellis before shooting him.

The defenses asserted by the City or Officer Lampiris-Tremba are not available.

Outcome: Plaintiff's verdict for $10 million incluidng $2.7 million in punitive damages.

Plaintiff's Experts:

Defendant's Experts:

Comments: