The man accidentally shot by police after a hostage standoff in Dover last year is suing the City of Topeka. Jesse Dimmick, of Aurora Colorado, is suing the city for an injury that happened while officers were taking him into custody. Dimmick led law enforcement officers on a two-day, multi-county manhunt before bailing out of a stolen car and kidnapping Jared and Lindsay Rawley at knife point in their Dover home September 12, 2009.
Judge Nancy Parrish sentenced Dimmick in July to nearly eleven years in prison for kidnapping, theft and fleeing law enforcement in the chase.
Dimmick's attorney, Roger Fincher, filed damage claims with the city for gunshot wounds suffered when he was taken into custody at the hostage scene in Dover. While handcuffed on the ground, Topeka police Sgt. Guy Gardner's gun went off, striking Dimmick.
Dimmick's damage claims were denied. Fincher filed a negligence civil suit against Topeka September 30th. The suit states Dimmick was lying on the ground with his hands above his head when Gardner’s weapon fired. The suit calls for the city to pay Dimmick "in excess of $75,000" for personal injury.
Fincher said that the $75 thousand amount is really a legal formality. Dimmick could sue for much more than that but we will only know the true dollar amount if a judge agrees to send this lawsuit to trial.
Dimmick is due in court for a hearing December 30th.
The Topeka Capital-Journal sued the city back in October because the Topeka Police Department refused to release the name of the officer whose weapon accidentally discharged and struck Dimmick.