(Fred Lynch)
Norma Jean Baer, through her attorney, Charles T. Frahm of Parkville, Mo., filed the wrongful death lawsuit in Cape Girardeau County naming Jackson Sgt. James Barker, officer Larry Miller and Capt. Robert Hull as defendants.
In the 15-page lawsuit, Baer says the officers used "unnecessary and excessive deadly force" and directly caused the death of her son, Aaron Hemingway, on Feb. 27, 2009. On that day, Hemingway drove from Perryville to Jackson, where at Center Junction, police and witnesses said, he shot at and injured two Ameren linemen making repairs to a substation. Police say that shortly after the shooting, Hemingway shot himself in the head with a 12-gauge shotgun.
Jackson police chief James Humphreys said Wednesday his officers handled the incident professionally and called the lawsuit ridiculous.
As described in the lawsuit, Baer says evidence suggests something different happened that day. Baer refers to crime scene photographs, which she says show the shotgun lying across Hemingway's lap with the action open.
"A task impossible for Aaron Hemingway to perform subsequent to receiving the mortal gunshot wound to his right temple region," Baer wrote in the suit.
According to incident reports from the Jackson Police Department, officers tracked Hemingway through witnesses' descriptions of the shooter's vehicle, a maroon pickup. Witnesses also provided police a license plate number that checked back as belonging to Hemingway.
Miller spotted Hemingway first following radio traffic describing the incident and the suspect's vehicle. Miller had to turn around his squad car to get behind Hemingway, who was farther down Ridge Road and stopped his truck in the middle of the road, according to reports made by all three officers.
Barker and Hull were in a squad car about 100 feet in front of Hemingway's truck.
In his report, Miller wrote that from his own vehicle he could see the driver of the truck leaned over in his seat. He said he pulled out his department-issued pistol and pointed it at the driver as he approached the passenger side of the truck. Miller said he saw Hemingway with a self-inflicted gunshot wound to his right temple, put his pistol back and called for medical personnel.
Officers Hull and Barker also wrote that they saw the driver slumped in his seat as they approached the stopped vehicle and saw a self-inflicted gunshot wound. Another investigator that came to the scene, Sgt. Scott Eakers, wrote in his report that while taking inventory of the vehicle he saw a shotgun pointed at Hemingway's head with the stock of the gun lying in the passenger seat.
In the report, none of the officers mentioned hearing the fatal shot.
Autopsy report
In an autopsy report provided by Cape Girardeau County Coroner John Clifton, pathologist Russell Deidiker concluded Hemingway died of a self-inflicted gunshot wound. Noting the range of fire, Deidiker concluded that the gun was fired when directly against Hemingway's right temple.
Lead pellets were recovered from Hemingway's left temporal lobe.
Baer said in the lawsuit there was no justification for officers to use deadly force during the incident, claiming her son didn't pose a threat at the time.
In 23 pages of incident reports from the police department, there is no mention of officers using "deadly force." Officers reported they never fired a shot or even touched Hemingway before finding him dead.
Citing additional crime scene photographs, Baer says the pictures don't show any burn wounds or powder residue near Hemingway's right temple. However, Hemingway's autopsy notes a thin rim of soot near the entrance wound.
Information and forensic evidence, Baer alleges, reveal it was impossible for the gunshot wound to have been self-inflicted as reported by Miller, Hull and Barker.
In other allegations, Baer suggests police attempted to stop her son without having done a thorough investigation on whether Hemingway had been involved in a crime. She also says that to date, police haven't investigated to determine whether Hemingway was involved in the shooting of Ameren workers before his death.
Follow-up reports filed by Lt. Rodney Barnes and Eakers indicate the victims and several witnesses, other Ameren workers, were interviewed about the incident. They all shared the same story -- that a maroon S-10 pickup pulled up, a white male got out and began shooting.
"The pleadings are pretty well self-explanatory. I'm not going to comment other than what the pleadings say," Frahm said Wednesday.
Frahm said he's been licensed to practice law in Missouri for 25 years and his firm's specialty is handling wrongful death cases. The Missouri Bar, though, placed Frahm on probation for six months in March 2009 after charges of reckless aggravated battery and driving under the influence were filed against him in Kansas.
In addition to requesting a jury trial in the case, Baer is seeking a monetary judgment from the defendants in excess of $25,000. Frahm said the exact amount would be determined by a jury.
"She suffered a tremendous loss," he said. "This suit is a natural progression, and we hope to have some closure for her."
Humphreys said the facts of the 2009 incident, as outlined in department incident reports, are "pretty cut and dry." Additionally, he said he wouldn't elaborate on what Baer is alleging in her lawsuit, but they'd be able to present the facts at trial.
"The facts are pretty clear in my eyes ... the end result, with what happened," Humphreys said. "I believe that wholeheartedly. This is a shame. [Officers] did their jobs, and they were professionals about it."
A case management conference has been set for June 27 in Cape Girardeau.
388-3635
Pertinent Address:
Ridge Road, Jackson, MO
525 S. Hope St., Jackson, MO
44 N. Lorimier St., Cape Girardeau, MO
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Are you freaking kidding me?
Oh just thought of another point, i think the Ameren UE employees should sue you too since your son caused bodily harm to them! Looks like you owes, well lets see your asking for $25,000 for your son, so i guess you owe Ameren UE $50,000 for the two employees, plus medical bills, plus workman's comp, plus mental anguish suffered by the two victims. Well lady looks like you better file for bankruptcy cause you dont have enough to cover all of the above!
Well, at the very least, somebody messed with the crime scene before photos were taken. An officer reports that there was a shotgun pointed at Hemingway's head with the stock of the gun lying in the passenger seat wile the photos show the shotgun lying across the fella's lap.
Something wrong, there...but not necessarily indicative of criminal activity by the police force.
ditto the recently posted comments. the damage this man did reaches far beyond the financial.
I never understood acts like these. Obviously, there was something troubling to this man. Obviously, as his mother, she should have sought professional help out for him a lot sooner. There is no way on earth to bring her son back to life, so why would any parent in their right mind want to relive crap like this, if not for money? Makes no sense. I've seen plenty of parents lose children over the years and they certainly would get NO satisfaction out of money. Give me a break. Obviously, she failed as a parent... move on.
I think the victims of Hemingways shootings should counter-sue Ms. Baer for hospital, lost wages and duress caused by her son. Because, if the police are guilty because they found her dead son; then, she too must be guilty for raising him with the moral values that lead to this incident in the first place.
I think that there is some sort of misunderstanding on this lawsuit. It's not claiming the officers are responsible for the guy killing himself..it's claiming that the officer(s) shot the guy and are covering it up. Read the court docs with the story.
Now..did he deserve to be shot? Maybe. I'm glad I don't have to decide that. I don't know enough about the Jackson police department to say whether it's likely that one would be a bit trigger happy. I would feel a lot better if one of the officers who were covering him wasn't holding a shotgun, himself.
By the way...readers should look at the police report and see what he had stowed in his truck. Sounds like he was going to go underground with a stockpile of supplies and a pocket copy of the constitution. I believe I can draw some conclusions about where he got his craziness. It used to be rock-n-roll made the younguns go bad...now it's political parties.
Will they be able to match up any bullets from the Ameren scene to any weapons he might of had in his truck. That would pretty much tie him to the crime right?
"In other allegations, Baer suggests police attempted to stop her son without having done a thorough investigation on whether Hemingway had been involved in a crime..."
His vehicle matched a vehicle at a crime scene. The police had to make that stop. They had to. It's their job.
I commend the Jackson Police Department.
Shotguns don't fire bullets. She's sueing for an amount in EXCESS in 25K etc, etc. You guys leaving comments need to get the facts straight before you start to fire! I hope none of you are police officers.
Obviously this is a grieving mother looking for answers and desparately trying to make some sort of sense out of the tragedy. My concern is what kind of lawyer would pursue this case if there wasn't a legitimate question or point to be made.
Theorist: this kind of lawyer.
Frahm said he's been licensed to practice law in Missouri for 25 years and his firm's specialty is handling wrongful death cases. The Missouri Bar, though, placed Frahm on probation for six months in March 2009 after charges of reckless aggravated battery and driving under the influence were filed against him in Kansas.
I believe the Ameren workers CAN and should sue in civil court!!
On a semi-automatic shotgun, after the last shot is fired, the action will remain open. All work this way.
Mrs. Baer, I am sorry for your loss. However, dragging this out with such an unbelievable lawsuit will not bring you that. I suggest you seek counseling with a Grief Support group. Mr. Frahm, I am appauld of your actions. You sir, are a disgrace to your profession.
Case will be thrown out before it goes to trial.
But for the initial actions of Hemingway, none of this would have occurred.
Well, papi..according to the police report, there was still a shell left in the gun..sooooo there's that. Is it odd that he would use all Federals and only 2 Remingtons? I don't know that much about guns.
I would like to have all the facts here. It seems there is a lot more to this than is in this article. Supposedly this man just randomly shot and wounded two people. On the other hand if our boys in blue can't make their stories match their crime scene pictures...maybe there is something to this lawsuit.
This is a ridiculous suit and a waste of the court's time! I think Ms. Baer is watching too many TV crime dramas.
Mr. Hemingway died in a residential area. I'm thankful he didn't decide to just shoot random children out playing or people out walking or running before taking his own life.
Kate says "Sounds like he was going to go underground with a stockpile of supplies and a pocket copy of the constitution. I believe I can draw some conclusions about where he got his craziness. ...now it's political parties."
Give it up Kate. Trying to make this political? So he's so "enraged" by politics that he shoots 2 Ameren UE linemen? Yea, that's sounds real plausible. What are you smoking?
I bet he voted for Obama. That is about as dumb as your belief that you can draw conclusions about "where he got his craziness".
There is NOTHING TO this lawsuit. I cannot respond in detail, but I have seen the documents from this case and it was done thoroughly, and several investigations, interviews, were conducted as well. This young man needed help way before the shootings took place and he had an agenda that day. His mother just doesn't want to believe it. I wouldnt want to either...I am a mother. But facts are facts.
ALSO, lets not forget ALL the Ameren workers on the scene that day...not just the two who were shot. The other three feared for their lives as well and did not walk away from this "scratch-free" emotionally. How about them and their families, Mrs. Baer?
Uh DUG.....if you watched the news when this all happened and read some of the material related to this story, Hemingway was a VERY politically-minded person, against any type of political party, claiming himself an independent of some sort. The shooting of the Ameren workers was totally random....he was mad at the world, and wanted to make a scene.
Is she Stupid the lawsuit will get thrown out and what he did was shoot to Ameren Workers and that is Murder so he knew he was he was doing and also Jackson Police didn't know anything wrong they pulled got out of their vehicles and approached the vehicle with caution and found the suspect dead with a gunshot wound to the left temple so that tells me your son shot hiself and not jackson police so get a life lady how stupid do you think the judges and jackson police are huh?
Interesting that most of you commentors could care less about letting this play out to see what the truth is. So quick to judge without knowing all of the facts. Rational people call that poor decision making.
Can I file a lawsuit against her for giving me a headache?
I agree this is a desperate act of a mother who lost her son and is taking it out in anger and denial. Maybe her taking it out on the officers is easier than admitting that her son had issues that should have been dealt with. I know some who have lost a child to suicide and they question themselves every day on what they did wrong when it was a mental illness of the child. Some people in desperation sadly think that is the only way out of a temporary problem. None of them however randomly tried to kill other people. I think she should save the money for the lawyer and seek help for her grief and find a more constructive way to deal with the aftermath of all of this.
caddy - put your specs on and read the WHOLE post. Is Kate your sister?
UH BUTTERFLYBOY - did you read Kate's post? If so, why didn't you comment on it?
You liberals only dislike posts that go against your politics. It never bothers you when your type post against others. Again, your friend Kate is suggesting she knows what drove him to shoot two Ameren UE employees. Kate, other than your Obama loving brain, what other source do you have?
This is a very sad story. I know this person is grieving her son but parents everywhere need to start taking responsiblity for their children from birth on. Everyone thinks it is someone elses fault when they dont give their children the help they need to get through this life as adults. They need love, affection ,protection, guidance , morals, responsiblity and consideration for other people. When this young man got into his car and decided to try and take other lives he was wrong and no one should receive monatary value for his wrong doing.....
Tell me duggy, where did Kate say she was a liberal? How about Butterfly?
Seems like anyone who steps up to you must (in your mind only) be liberal. How very sad to be so clueless....
Theorist - please! A "copy of the constitution in his back pocket, angry at the government" - these are your typical talking points against anyone conservative. Want me to cut/paste some of your postings?
I didn't bring politics into the discussion. Kate did. Butterfly did. And caddy - makes his usual post and then hides. You are so predictable.
LOL!
I think she should also sue the gun manufacturer and the ammo maker for making a gun and ammo that could be fired at that close of a range into his disturbed head. If it wasn't for them doing that he would still be here. Where does it stop, maybe she needs to sue the maker of his truck that allowed hem to drive to jackson instead of staying in perryville and shooting her neighbor. And the maker of his clothes so he could leave the house. Maybe she needs to sue herself for having him in the first place. Or sue the doctor that delivered him, it is obviously his fault all of this happened, well you get the picture!!!
Loser pays.
Dug? Talk about predictable....well I can remember way back when you were instructing others...change you name, not your game.
Is this lady serious. Several witnesses said they saw him. She is also questioning whether he really commited the crime. Lets see...he has weapons in his truck with him when the cops found him. He had already shot at someone so the cops were not going to take any chances even if they did or didnt shoot him. Just another stupid person trying to make some money.
All in the name of ......$$$$$$ not love....
What a sad situation. I have no problem with officer procedure being investigated, if anything just to make sure that our officers are indeed following procedure. I'm fairly certain though that the resulting investigation would still hold the said officers blameless. Let's not forget that Jackson police have had to deal with shootings before, they know what to do.
What a terribly sad story for all involved. A grieving mother, a possibly unscrupulous lawyer seeking to profit from a mother's grief....does not seem that anything good can come from this. I would imagine that there was an investigation into the police officers' actions and doubt that there is very much basis for this lawsuit. I feel sorry for the police officers involved, who were doing their job and who probably second-guess every action they made that day, wondering if they could have done something that might have prevented this suicide. I also feel sorry for all the Ameren workers that were affected; imagine doing your job when someone just pulls up and starts shooting. Just a very sad situation that no lawsuit can resolve.
Actually, Dug..You are correct. I shouldn't draw ANY conclusions about the fellow having a fully stocked bug-out kit and pocket copy of the constitution. It says nothing. It doesn't SCREAM Libertarian or NRA or anything like that.
I'm not completely unaware of the irony here. Are you?
Biatch be trippin'
This here is why Tort Reform is needed in this country and stop these types of lawsuits from being filed after a decision had already been made.
Kate - Cut back on the caffeine.
I have read the police report, Norma Jean Baer you openly admitted in your statement to the police that your son had previously tried to committ suicide. Why would you be naive to think that he wouldn't have taken his own life or those of others. Your son was sick, he left a package at your doorstep, that was a warning sign, he was returning things back to you whether it was his cell phone, family photos or other personal family items.
This is another attempt of someone trying to get money, I agree w/others Ameren employees should sue you!!!
you people make me sick. Let them go to court
Court system should be changed. In this case,if, she loses in court, any amount she is asking for, should be levied against her if she loses. This will make people think TWICE about a lawsuit like this.
Kate - yes, the irony is that you, who inject politics, are the ones putting crosshairs on people. Your liberal tactics are showing.
When is your next group meeting?
Wasn't there a few years back a law passed in MO to stop these "Frivious" Law Suits such as this one? This gal's son was a mental case from the beginning, and now she has an ambulance chaser advising her that she can get a little money from working police officers, and the city of Jackson. I'm sure the Jackson City Attorney would have a ball with this one in court, but please I'm also sure that he has better things to do with his time. Send this ambulance chaser back to KS, maby they'll lock him up again.
These men are Police, not Priests. Let them do their job. The last thing we need is second guessing Law-Enforcement.
The Jackson City Attorney is a joke. Yep he would have a ball with your tax money
...and people wonder why the cost of insurance keeps on going up...
May Ms. Baer burn in hell, right beside her son.
It be so easy for you guys to sit on your butts and judge something you know nothing about!!! Keep in mind the only thing u have to go by is what the papers say and what you have read...Just because its in the news paper doesnt make it true. Thats what is wrong with the world today, too many people believe what other people say....fools to believe everything that is written, and said by our so called "higher ups" Opinions are like buttholes....everyone has one, but just cuz they say it doesnt make it true, how bout following along and maybe listen to the facts and then make a judgement... which the only person who should judge is God...I really hope none of you claim to be christian, because it states in the bible no one person is to judge, Thats Gods job...So it would be good to just keep you opinions to yourself just like your buttholes until you know all the facts...
Tinkerbell--Calm down sweetie! You're going to have a stroke!
Gomer--Take a nap or something! This lady apparently can't come to terms with what happened to her son, whether she realizes it was his fault or not. Have just a little compassion for her, don't wish her to hell!
Perhaps this attorney contacted Mrs. Baer, not the other way around. Perhaps he convinced her that she might get a little money out of this--and $25,000.00 isn't much by todays standards, when people usually ask for millions. Perhaps this suit DOES result from a lust for $$$--but from the attorney, not from the grieving mother.
We all have the right to our opinions. Personally, I think this lawsuit is a big waste of time and resources too, but I'm trying to have some generous feelings toward the mother. I know two of the officers involved very well and I would bet my life that none of them did anything wrong that day. How sad it is all being dragged up again.
The only thing I know for sure is that at least one of the Ameren UE workers just wanted to get back to life, with his wife and children. They've been trying to put this behind them. As you can imagine, it was traumatic for them. Then, this lawsuit happens, almost two years to the date. This lady lost a son. I feel bad for her, but her sons actions effected many people.However the shooter died still doesn't negate the fact that he ruined lives by his actions.
If she gets any settlement, the Ameren workers will be satanding in the wings to take it from her.
Hey Beltboy! Our Jackson City Attorney did prety good against the nutcase we have for county comminsor(Crowell v. Cape County).