By Mark Hansel
NKyTribune managing editor
The Boone County Fiscal Court agreed Tuesday to a proposed settlement in a wrongful death civil lawsuit filed by the family of Samantha Ramsey.
The County has agreed to pay an amount not to exceed $800,000, “to cover costs not provided under the County’s insurance policy.”
It is not clear if the proposed settlement amount exceeds $800,000 or how much money, if any, is covered under the insurance policy.
Ramsey was 19 years old when she was shot and killed by Sheriff’s Deputy Tyler Brockman as the deputy was attempting to stop the vehicle she was driving while leaving a field party in Boone County on April 26, 2014.
Ramsey’s mother, Brandi Stewart, filed the civil rights and wrongful death lawsuit, naming Boone County, Sheriff Michael Helmig and Sheriff’s Deputy Tyler Brockman as defendants in April, 2015.
The suit alleges, in part:
“Defendant Brockman acted intentionally, knowingly, unreasonably, maliciously, negligently, recklessly, in bad faith, and with deliberate indifference to the safety and rights of Samantha Ramsey and the other Plaintiffs when he attempted to stop them without probable cause and when he used excessive force against them.”
In a statement filed by Brockman on the date of the incident, however, the deputy indicates he fired the weapon because he feared for his life and the safety of nearby pedestrians.
Brockman stated Ramsey accelerated and made a left turn striking him and causing him to jump to avoid being run over and killed. Brockman also stated that while holding onto the hood with one hand, he felt the car beginning to accelerate.
“Deputy Brockman in reaction to the deadly force brought against him, drew his Glock 22 Service weapon and fired what he believed to be 3 shots (turned out to be 4) through the driver window.”
A grand jury declined to indict Brockman in November, 2014.
Stewart was identified as the plaintiff by Boone County Judge-executive Gary More in a prepared statement requesting a motion to approve the settlement proposal.
“I would entertain a motion to accept the terms of the proposed settlement agreement to resolve the case of Brandi Stewart vs Boone County, Kentucky et al Case #15-cv-00052, as recommended by legal counsel,” Moore said.
The Northern Kentucky Tribune was the only media outlet in the fiscal courtroom when Moore entertained the motion following an executive session near the conclusion of Tuesday’s regularly scheduled Fiscal Court meeting.
He emphasized that the settlement “is not an admission of liability or wrongdoing by the county, by Deputy Tyler Brockman or by the Boone County Sheriff’s Department.”
The prepared statement as read by Moore, in its entirety:
“During the past year Boone County has been involved in litigation regarding our sheriff’s department. Legal counsel has just presented us with a proposed settlement that would resolve the case.
“We fully support our sheriff’s department and we appreciate all the hard work they do to keep our Boone County citizens safe. That being said, we feel that resolving this case is in the best interests of the county.
“I would entertain a motion to accept the terms of the proposed settlement agreement to resolve the case of Brandi Stewart vs Boone County, Kentucky et al Case #15-cv-52, as recommended by legal counsel.
“With said settlement including a contribution of the Boone County Fiscal Court for a sum not to exceed $800,000 to cover costs not provided under the County’s insurance policy.
“This settlement is not an admission of liability or wrongdoing by the county, by Deputy Tyler Brockman or by the Boone County Sheriff’s Department.”
The motion was approved 4-0, by Moore and County commissioners, Charles Kenner, Charlie Walton and Cathy Flaig.
The first hint that a settlement agreement might be reached came when Moore indicated there could be further action following the executive session. It is common for the Fiscal Court to adjourn without action following an executive session if it not discussing an item on the agenda.
Sheriff Helmig was in attendance for a budget presentation, but remained in the courtroom throughout the meeting and attended the executive session. The Fiscal Court has conducted previous executive sessions that included Helmig, fueling speculation that a settlement agreement was being negotiated.
The settlement agreement has not been finalized and county officials declined further comment, referring questions to legal counsel.
Boone County Attorney Robert Neace said a formal statement would be released in the near future.
Contact Mark Hansel at mark.hansel@nkytrib.com