The family of a wheelchair bound man shot and killed by Wilmington police has settled its lawsuit with the city and the officers involved.
Jeremy McDole’s family will receive $1.5 million dollars in exchange for dismissing all claims in the case.
The city also acknowledges in the settlement that its police department is reviewing its use of force policy and de-escalation training for officers, and agrees to meet with the family about that review and consider the family's suggestions.
The 28 year-old McDole was shot and killed by four officers in September 2015 during a confrontation on the 1800 block of Tulip Street.
In a joint statement released Friday, the two sides in the suit said "the parties have agreed that the claims remain disputed and the settlement is not an admission of wrongdoing by the city or its police officers, nor a concession by the plaintiffs that the claims were unfounded. The parties are settling to avoid the burden and expense that comes with protracted litigation, and to bring closure to the matter."
Last May, the state’s Justice Department decided against filing charges in the case.
Its report found three of the officers involved, Senior Corporal Thomas Silva, Corporal Thomas Lynch, and Corporal James MacColl, believed – at the moment they fired– that doing so was necessary to protect themselves, or others, against death or serious physical injury.
DOJ considered a felony assault charge against the fourth officer - Cpl. Joseph Dellose – who it says confronted McDole rather than communicating with officers already on the scene and then fired his weapon – creating uncertainty where the gunfire was coming from. But DOJ says after consulting with use of force experts– including those who recommended charges in the Tamir Rice case in Cleveland - it concluded the defense would present unchallenged expert testimony that Dellose’s conduct was reasonable.
But the report went on to single Cpl. Dellose out for “extraordinarily poor police work.” It also found “serious deficiencies” with how Wilmington Police prepares its officers for situations like the one involving McDole.
The McDole family argued that the shots fired were unnecessary and the police response reflected deliberate indifference to Jeremy McDole’ life.
The settlement still needs to be approved by the court. An approval hearing will be held Jan. 10th.
