Wrongful death lawsuit filed in Cleveland man's murder - 19 Action News|Cleveland, OH|News, Weather, Sports

Wrongful death lawsuit filed in Cleveland man's murder

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The mother of a man fatally shot by an off-duty officer has filed a wrongful death lawsuit.

Kenneth Smith, 20, was fatally shot at E. 9th Street and Prospect Avenue last March.

Police say an off-duty cop observed a fight in the parking lot of Wilbert's Bar on Bolivar Avenue. During the incident, the officer observed a man in a gold Saturn discharging a handgun. After discharging the weapon, the vehicle fled from the parking lot north bound on E. 9th Street. As the vehicle fled the off-duty officer pursued the vehicle on foot and called Police Radio.

At East 9th and Prospect Avenue, the suspect vehicle was stopped. Officers ordered the three men out of the vehicle, which the driver and rear passenger complied. However, the front seat passenger, Smith, did not comply. At this time, the off-duty officer observed a handgun by Smith, broke the window out and ordered him several times to put his hands up. Smith did not comply, reached for the handgun and the officer discharged his weapon hitting Smith once in the head.

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