NORFOLK, Va. (Legal Newsline) - The Virginia State Police says there is no way its troopers should be liable for the death of a man who led them on a high-speed chase then shot himself with his own gun.
The Estate of Coleman Sample, by Laurie Latham, sued the VSP and troopers Adam Turner and Larry Holmes in July, blaming them for Sample's death in August 2020. The case is now in Norfolk federal court.
The troopers were not criminally charged in the shooting. The results of an investigation say Sample was shot by his own gun and that he was traveling 92 mph in a 55 mph zone.
"A physical struggle between these troopers and Sample followed (the chase)," an Aug. 18 motion to dismiss says. "Sample was armed with a gun.
"Plaintiff alleges that 'multiple shots were fired' resulting in 'bullets going into surrounding structures.' Tellingly, Plaintiff neglects to allege who fired these shots.
"This struggle allegedly ended with the troopers somehow shooting Sample in the head with Sample's own hand, arm and gun."
According to the plaintiff's complaint, Sample, a 23-year-old African American male, was driving on Highway I-64/I-264 in the Tidewater area of Virginia on Aug. 21, 2020. The plaintiff claims that troopers Turner and Holmes began a high-speed pursuit of Sample that led into a residential area.
The plaintiff further alleges that shots were fired that resulted in Sample being fatally shot in the back of his head and that bullets also went into surrounding structures in the area. The plaintiff alleges that during a physical struggle, Turner and Holmes violated Sample's constitutional rights from unreasonable search and seizure and excessive force.
The lawsuit seeks $750,000, but the VSP says it is entitled to state sovereign immunity and Latham failed to bring suit as the personal representative of Sample.