Wilmington to pay $1.5 million to settle McDole lawsuit

The city of Wilmington has agreed to pay $1.5 million to settle a lawsuit brought by the family of Jeremy "Bam" McDole, a man in a wheelchair who was fatally shot by four police officers in September of 2015.

As part of the agreement, Wilmington police will consider a comprehensive use of force policy that will outline when force is appropriate and train officers in de-escalation procedures.

"If this isn't a piecrust promise but this is something that's going to come into being... then Jeremy would not have died in vain," said Wilmington Attorney Thomas S. Neuberger, who represents McDole's family. "And members of the minority community and poor people in Wilmington, as well as throughout the state, will enjoy enhanced protections when they encounter police."

The settlement, which needs approval from a federal judge, is not an admission of fault by the city, its officers or the police department in connection with the Sept. 23, 2015, shooting.

"The parties have agreed that the claims remain disputed and that 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," according to a statement issued late Friday by both sides. "The parties are settling to avoid the burden and expense that comes with protracted litigation and to bring closure to the matter."

The state Attorney General's Office, in a May report reviewing McDole's shooting, was critical of Wilmington police's use of force policy, saying it was vague and in need of an update. The report on the incident also said Wilmington officers received little guidance on de-escalating procedures, especially among people who are physically or mentally disabled, and recommended Wilmington look at policies being used by other police departments with such policies.

De-escalation techniques cited in the settlement include using cover to decrease exposure to threats, using verbal techniques to calm an agitated person and calling for extra resources to assist.

The statement also said the Wilmington Police Department agrees to meet with members of McDole’s family and retired federal Judge Joseph J. Farnan Jr., who has mediated between the parties, to discuss the status of the review process and to consider their suggestions. Among those family members who will be involved is McDole's sister, Keandra, who organized several rallies and kept the "Justice for Bam" movement going over the 15 months since his death.

"As you know, Keandra has been instrumental in organizing public support for justice for her beloved brother," Neuberger said. "And so I feel confident that she will push very hard to ensure that the WPD adopts and follows a de-escalation policy which includes the following points, since if such a take cover and stand down policy were in place on Sept. 23, Jeremy would still be alive."

McDole's grandmother Janie, who arrived on the shooting scene a few minutes after McDole was killed, also has the right to participate in these meetings, Neuberger added. "She is as committed as Keandra to see this trailing matter through to the end, to ensure that her beloved grandson did not die in vain.”

More on the McDole shooting:

TIMELINE: The McDole shooting case

STORY: Man who took McDole video claims he was never interviewed

STORY: AG's McDole report to help in federal civil suit

STORY: McDole shooting: Wilmington police won't be charged 

EDITORIAL: City's reaction to McDole report is troubling 

The shooting, which was captured on cellphone video, drew a strong reaction from the community and on social media, where many called for the firing of the officers. Some wanted the mayor and chief of police to step down.

Officers responded to the 1800 block of Tulip Street after a person called 911 and told dispatchers that a man in a wheelchair had shot himself and that he had a gun in his hand.

The video showed McDole rubbing his knees as Senior Cpl. Joseph Dellose and three other officers – identified in the report as Senior Cpl. Danny Silva, Cpl. Thomas Lynch and Cpl. James MacColl – moved in at the location at about 3 p.m.

Officers could be heard on the video screaming at McDole to drop his weapon.

Dellose fired at McDole with a shotgun approximately two seconds after initially ordering him to put his hands up, the report found, creating uncertainty among other officers who, not knowing where the gunfire came from, also turned their weapons on McDole.

The report from Attorney General Matt Denn's office took the unusual step of singling out Dellose for "extraordinarily poor police work" during the incident. It also said Dellose should not be employed by the city police in any role where he would carry a firearm in public. Despite this, neither Dellose nor any of the officers were charged.

Prosecutors initially considered filing a felony assault charge against Dellose, but after consulting with two national police-use-of-force experts it was determined that Dellose's conduct was not criminal because of a Delaware law that immunizes officers if they believe force is necessary to protect themselves.

That prompted an alliance of African-American leaders to ask the U.S. Department of Justice for a civil rights violation investigation into the shooting.

The U.S. Attorney's Office for the District of Delaware said they had been monitoring the local investigation and would review the results of that for possible violations of federal criminal civil rights statutes and conduct any further investigation that may be appropriate.

"DOJ will then make a determination as to whether prosecutable violations of the federal criminal civil rights statutes exist and take appropriate action," the agency said in a statement in May.

The settlement is the highest payout by Wilmington, dwarfing the $875,000 it paid in 2010 to the widow of a decorated Marine fatally shot by city police during an investigation of the Pagans Motorcycle Club. Derek Hale, a 25-year-old former Marine, and member of the Pagans Motorcycle Club from Virginia, was sitting on the steps of the Wilmington home of another Pagan when police surrounded him and stunned him with Taser guns before shooting him in November 2006.

This is a developing story. Check back with delawareonline.com for more information.

Contact Esteban Parra at (302) 324-2299, eparra@delawareonline.com or Twitter @eparra3.