FARMINGTON
The trial of a Farmington police officer accused of wrongfully shooting and killing Kirtland resident Clint John is scheduled for May.
The trial was scheduled for November in a Santa Fe federal court, but scheduling conflicts prevented it from taking place. It is set for May 18 to 22, said Kate Burke, a Durango-based attorney for John's family. She expects the trial to take place this time.
Burke said the delay is typical of a lawsuit of its kind.
"The more complicated and serious the issues are, the longer it does tend to take," she said.
The trial would come almost two years after John's family filed a lawsuit against the city and Farmington police Sgt. Shawn Scott.
Scott shot and killed John in 2006. John's mother, Della John; his girlfriend, Lynn Negale; and her daughter filed the lawsuit in June 2007.
John's family contends Scott battered John with his baton, wrongfully killed him and violated his constitutional rights. The city contends Scott followed Farmington Police Department policies.
After a June 10, 2006, scuffle, John charged Scott with the officer's baton in the East Main Street Wal-Mart parking lot as Scott drew his gun and stepped backward, the city claims.
John raised the baton over his head and moved toward Scott, who shot John four times, the city contends. But witnesses say John was not holding the baton when Scott fired, Burke said.
The lawsuit names the city, former Farmington Police Chief Mike Burridge and Scott as defendants.
The chances of a settlement are "less than they were," Burke said, considering neither side has decided to settle when given the opportunity. Either side still could settle.
City Attorney Jay Burnham declined to comment on the likelihood of a settlement.
City councilors met privately in October and rejected an offer from John's family to settle the Navajo Nation-financed lawsuit, Burke said.
Councilors have met privately three times since September to discuss the lawsuit and officials have declined to comment in the past on specifics of those meetings.
"Anytime you settle... it's easy for people to imagine you're admitting fault and so people don't like that," Burke said. "Even though when you settle, you don't admit fault."
That thinking has influenced the city's decision to avoid settling so far, Burnham said.
"We believe the officer acted correctly," he said. "We don't want people to perceive that we believe otherwise."
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