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Family of man with bullet in chest plans suit
YOUNGSTOWN
Cory Timmings still has a bullet lodged in his chest, and his family plans to sue the police officer who shot him.
But Timmings also likely will go to jail for his actions that led to that shooting in August.
Timmings, 18, of Austintown, appeared Wednesday before Judge Elizabeth Kobly of Youngstown Municipal Court on charges of obstructing official business and driving under the influence of alcohol. He pleaded no contest to both charges. The judge found him guilty.
Timmings will be sentenced Dec. 22. He faces 120 days in Mahoning County jail and a $1,000 fine on the misdemeanor charges.
Atty. Scott Cochran, representing Timmings, said his client still has a bullet lodged in his chest. He said it is unclear what is Timmings’ long-term prognosis.
According to police, Timmings was shot in the parking lot of Pal Joey’s, a bar on East Midlothian Boulevard, at 2:36 a.m. Aug. 21. Officer Phil Chance Jr., the officer who fired the shot, was helping to break up a fight and disperse a large crowd at the bar when the shooting occurred.
Chance shouted to Timmings to lower the music coming from his car, police said. Rather than turn down the music, Timmings drove toward Chance, hitting the officer and forcing him up on the car’s hood, reports said.
According to reports, Timmings wouldn’t stop even though Chance, who rolled off to the driver’s side, told the 18-year-old man that he was under arrest.
Chance reached inside the car, trying to turn off the ignition. Timmings then increased his speed, dragging Chance, the report said.
The officer, who said he believed his life was in danger, pulled out his gun and fired a shot inside the car toward the driver. Timmings, shot in the upper back, sped away, but his car was pulled over by police on Lake Park Drive.
Cochran said his client is admitting only that he did drive his vehicle while over the legal limit and did not respond to Chance’s orders to turn the music down. He said Timmings’ actions, however, did not justify being shot by an officer.
“The bottom line is police officers cannot go around shooting people in the back for playing loud music,” Cochran said.
City Prosecutor Jay Macejko said the charge of obstruction of official business was filed because Timmings impeded Chance from fulfilling his duties as a police officer the night of the shooting.
He said the DUI charge was filed because Timmings’ blood-alcohol level was 0.174 — far above the legal limit of 0.08.
The prosecutor’s office and city police have investigated the matter and found no wrongdoing by Chance, Macejko said. He said there would be no charges filed against the officer.
The FBI has requested files associated with the case and still may be conducting an investigation. Cochran said he is hopeful any investigation by the FBI will show that Chance’s actions were unnecessary.
Cochran also said the Timmings family is definitely planning to file a civil suit in the matter. Macejko said Wednesday’s court proceedings will be in Chance’s favor for any future legal proceedings.