Man sues Youngstown officer who shot him

June 25, 2011 at 12:04a.m.

YOUNGSTOWN

A Lowellville man shot by a Youngstown police officer after leaving a South Side bar in 2010 has sued the city, the police officer, the bar and its workers for violating his civil rights.

Cory Timmings, through his attorney Scott R. Cochran, named as defendants Officer Phil Chance, the police department, the city and Pal Joey’s Sports Bar on Midlothian Boulevard and bar employees.

According to the lawsuit filed Thursday, Timmings left the bar about 2 a.m. Aug. 20 and entered his car amid much confusion outside the bar. He said officers told Timmings to turn down his music, but he did not hear the order.

The suit says Chance reached through the open driver’s-side window and strangled Timmings as he was attempting to leave the parking lot. He said Timmings freed himself from Chance’s grasp and brought his car to a stop in the parking lot, but Chance drew his weapon and fired, hitting Timmings in the back.

In the police investigation, however, Chance said he shouted to Timmings to lower the music coming from his car. Rather than turn down the music, Timmings drove toward Chance, hitting the officer and forcing him up on the car’s hood, police said.

Police and the city prosecutor’s office investigations into the shooting cleared the officer of any wrongdoing.

According to the lawsuit, which asks for at least $25,000, Timmings will continue to suffer indefinite future, physical, psychological and emotional injury as well as pain and suffering.

The suit says Chance’s actions deprived Timmings of his Fourth and 14th Amendment rights. The suit also claims the shooting was an “unjustifiable and excessive use of deadly force.”

Timmings ultimately pleaded guilty to misdemeanor charges of obstructing official business and driving under the influence of alcohol in relation to the incident.

He was sentenced to probation for one year, had his driver’s license suspended license for three months, and was fined $250. A judge also ordered Timmings to spend three days in an OVI school.