Members of the Greensboro City Council said they would like to settle the lawsuit over the death of Marcus Deon Smith under certain conditions.
The statements came from councilmembers at the virtual City Council meeting on Tuesday, Dec. 1, in response to a number of speakers at the public forum who demanded that the city stop spending money on lawyers and settle the lawsuit.
Marcus Smith died on Sept. 8, 2018 of cardiopulmonary arrest after police had restrained him in handcuffs and a Ripp Hobble device in a position that is commonly called hogtying. Marcus Smith was in a highly agitated state, running in and out of traffic before being restrained by police in order to transport him to the hospital. His death was ruled a homicide and his parents George and Mary Smith, as his sole heirs, filed a lawsuit against the City of Greensboro.
Councilmember Michelle Kennedy said, “Marcus was somebody that I knew really well. Someone I saw everyday and talked to everyday.”
She said, “He was part of my community and somebody that I cared about.”
Kennedy said, “His kids mattered tremendously to him.”
She said that until she was certain that the children of Marcus Smith would be protected and provided for in any settlement, she could not support it.
Kennedy said, “For me that’s the hang-up.”
She added, “His kids are something that I can and am willing to fight for.”
Mayor Nancy Vaughan said, “The city stands willing to settle this case.”
However, she added, “The city must be certain that it is negotiating with the rightful heirs.”
She also said, “Both parties must be able to consider what is fair and reasonable.”
At present the fact that Marcus Smith had children has not been established by the courts and the children in question are not party to the lawsuit that was filed by George and Mary Smith.
Vaughan said, “We are in a civil lawsuit with the Smith family now who claim to be the only members of the family. They said that they are his family and are his heirs.”
The court could rule that the children are the rightful heirs.
She added, “I do want to assure everyone that there has been a lot of work that has gone into this and we are committed to a fair and universal settlement.”
Councilmember Sharon Hightower said, “I would like a settlement too. We are thinking about those children Michelle was talking about. Any settlement without them is not a settlement that I would agree to.”
She added, “It is not moving as fast as people would like but I want it to be thorough and I want it to be fair.”
Councilmember Yvonne Johnson said, “What I’m hoping is that we can reach a settlement.”
No councilmember spoke against settling the lawsuit.
Other than the very sad situation and horrible facts, I’m just curious about the legal basis for such a settlement, other than sympathy for Mr. Smith’s children, once the number is determined. The mere fact that Mr. Smith died after being restrained does not authorize the City of Greensboro to use tax money to compensate for Mr. Smith’s death. Not all homicides are unlawful or wrongful. The District Attorney did not find probable cause for even negligent homicide. Just curious.
1. Let the Police & EMS do their jobs and support them in doing so.
2. Kennedy should excuse herself from any vote on the matter.
3. Every time you settle one of these “cases” you encourage more complaints and lawsuits.
4. Keep it up, you’ll need a sales tax hike just to fund your bovine manure factory.
Couldn’t have said it any better! This man, as sad as it was, was on a tremendous amount of drugs THAT killed him! Video shows the whole episode and how long the police tried to have him settle down until he became combative and they tried to subdue him to PROTECT him and themselves. So Ms Kennedy talked to him every day, saw him every day and what did she do to help him? Following how this sanctimonious city council does things , Ms Kennedy should be on the law suit since she was compliant in his death. You can not be around somebody like him everyday and not know he was slowing killing himself with drugs. What a mess this city council causes on a DAILY basis.
Another free money give away from Nancy and the liberals on the council. I hate the man died but in my opinion this man was restrained like this for his on safety along with the safety of the officers and ems clearly shows Nancy and the libs are going to let gpd swing in the wind every time. It’s time to quit wasting tax payer dollars and vote this bunch out
When are the people of Greensboro going to learn that Dems do not have feelings for you.Except to raise taxes so they can give to everybody in town that has a Sob story It seems that ms Johnson has a big slush fund that need to be rescinded and used to run Greensboro with.We are all a bunch of Saps for voting these Turkeys (Dems),in every 2 years.Lets get busy and vote all of them out.
If Marcus Smith was not supporting his children, how has his death had a negative financial impact on them?
If Ms. Kennedy was so close to Mr. Smith maybe she needs to be drug tested too.
Very good question !
The police did everything they could do to help this man. Where was his family when he needed them? Any money paid to his family should come from the “Cure the Violence” fund. I’m sure that the City Council would vote not to give money to them if they had to use the money from the ‘Cure the Violence” money that they voted to give to one of their own members. Giving money for this cause supports crime. We should support our police instead.
Amen to all the above. Once again, another bleeding heart situation. Kennedy should not have a say since she seems to have a personal interest in this person. And Johnson should pony up money from her personal city fund. It’s time to stop paying people for getting arrested and dying while in custody. What next – paying everyone who contracts the virus while in custody? Puh-lease.
No one knows who the injured parties are. An heirship proceeding takes time, and multiple guardians ad litem. City should require dna verification of every alleged offspring after litigation determines the possible pool of heirs. Or, they can write checks to the leaders of the “community,” which is what this mess is really all about.
Meanwhile, 56 homicides so far this year. Council debates how they can further blame and hamstring law enforcement. Council will only rest when GSO becomes the Portland of the east.
The thumbnail photo of that beefy thing is going to give me nightmares.