A Salt Lake City man who was shot in the arm by a police officer investigating a reported disturbance at his home has settled an excessive force lawsuit for $480,000.
In making the payment to Daymian Hughes, the Salt Lake City Police Department denied any wrongdoing and said the settlement was intended to avoid further litigation. The amount includes Hughes' attorneys' fees.
Senior City Attorney J. Wesley Robinson stressed that the settlement was a business decision and said police officers had "ample reason" to enter Hughes' house.
But he added, "The facts were tough. This is a man who was shot in his own home."
Hughes and his attorneys could not be reached for comment Thursday.
Both sides agree that two officers were dispatched Oct. 22, 2005, to check out a caller's report that there was a domestic disturbance at a home "kitty corner" from hers, but she did not give an exact address.
Hughes, now 37, said in his suit that the officers entered his home on Laird Avenue (1190 South) near 1500 East unannounced through a locked screen door. He and a friend were sitting in the bedroom talking quietly when he heard an intruder, called out and moved toward the hall to investigate, according to Hughes.
When he saw a man holding a gun, Hughes raised his hands and stood still in the bedroom, he said. As the officer pointed the firearm and pulled the trigger, he turned sideways and was struck in the upper arm, Hughes said.
He said the bullet penetrated into the bone.
The officers have conceded they entered the house without announcing themselves as police and that Hughes and his friend never threatened them or picked up any kind of weapon.
But they alleged Hughes yelled and rushed out at them from the bedroom. A police spokesman said at the time that Hughes got into a struggle with one of the officers and was shot when he appeared to be reaching for a weapon in his waistband.
Hughes later filed suit in U.S. District Court claiming the police used excessive force and violated his civil rights.
The settlement was made final Oct. 15. The Salt Lake Tribune obtained details about it on Thursday under a Utah Government Records Access and Management Act request.
