$1 millionSettlement

East Point Pays $1 Million After Officers Tased Handcuffed Man 14 Times

Settlement · East Point, Georgia · 2014

Won by Stewart Miller Simmons Trial Attorneys.

The City of East Point, Georgia paid $1 million, the maximum under its insurance policy, to settle the family's claims after two officers shocked Gregory Towns Jr. with a Taser 14 times while he was handcuffed and on the ground.

What happened

On April 11, 2014, East Point police responded to a domestic disturbance call involving Gregory Lewis Towns Jr., a 24-year-old man. Towns fled the scene on foot. Officers chased him approximately one mile before he collapsed, exhausted and unable to stand.

With Towns in handcuffs and on the ground, Sgt. Marcus Eberhart and Cpl. Howard Weems deployed their Tasers against him 14 times over roughly 30 minutes. According to the lawsuit filed by attorney L. Chris Stewart on behalf of the Towns family, Towns was 'handcuffed, not resisting and did not present a threat of imminent bodily harm to the officers or anyone else.' Stewart told reporters Towns was saying 'I'm tired' rather than threatening or fighting the officers. Towns lost consciousness at the scene and was pronounced dead at a nearby emergency room.

The Fulton County medical examiner ruled the death a homicide, attributing it to physical exertion and conducted electrical stimulation. Stewart argued the officers violated their own department's standard operating procedures, which prohibited using a Taser to prod or escort a subject.

Stewart filed suit against the city and the officers in August 2014. East Point settled the civil claims for $1 million, the full limit of the city's insurance coverage, without admitting liability. Both officers were separated from the department before the settlement was finalized.

The criminal case continued after the civil settlement. In December 2016, a jury convicted Eberhart of felony murder and sentenced him to life in prison. Weems was convicted of involuntary manslaughter and sentenced to 18 months. The Georgia Supreme Court upheld Eberhart's conviction in October 2019. The police chief resigned in the aftermath of the incident, and the city retrained all officers on Taser use.

Sources

This account is drawn from contemporaneous public reporting and the court record.