Canton officer: Acted 'in self-defense of a lethal threat' in shooting James Williams
CANTON – The city and its police officer who fatally shot 46-year-old James Williams on New Year's Day are denying any wrongdoing in response to a federal civil rights and wrongful death lawsuit lodged against them by Williams' widow.
Marquetta Williams, through the law firm Blakemore, Meeker and Bowler in Akron, filed the federal complaint in March over James Williams' Jan. 1 death.
In their legal responses filed this week, the city and police officer Robert Huber denied any allegations of wrongful death, using excessive force or deliberating interfering with James Williams' medical needs after he was shot. The city and the officer also denied any claims of reckless or negligent infliction of emotional distress suffered by his three children and their mother.
Huber, who has returned to work, has not commented publicly before on the shooting.
James Williams was fatally shot by Huber, who was responding to a call about gunfire in the area of 10th Street SW. Williams was firing a high-powered rifle into the air from his patio, enclosed by a wooden privacy fence. His family has said he was celebrating the new year just after midnight.
The shooting has sparked ongoing protests and calls for transparency from the Williams family.
'I will fight until I have no breath left':Fatal Canton police shooting prompts lawsuit
Shooting: Canton police officer shoots, kills armed man just as 2022 begins
Officer Huber Response by Cassie Nist on Scribd
Robert Huber addresses allegations in his court filings
In his response, Huber contends his conduct was objectively reasonable, based on probable cause, and/or "in self-defense of a lethal threat" as he observed James Williams firing a high-powered rifle.
Huber and the city claim the officer is entitled to qualified immunity, which protects a government official from being held personally liable from paying damages in certain cases.
'Today is not the day for judgment': Law enforcement experts weigh in on Canton shooting
Huber acknowledged that he did not turn on his police cruiser's emergency lights or sirens when he arrived at the scene and that he did not verbally identify himself as he neared James Williams.
Huber and the city deny failing to provide medical attention or assistance to James Williams who after being shot reentered his home and collapsed on the living room floor.
The Williams family is seeking compensation for his death, in an amount to be determined at trial, the court filing stated.
Huber has demanded a jury trial.
A case management conference is set for June 20 in federal court in Akron before Judge Benita Pearson.
City of Canton Response by Cassie Nist on Scribd
What happened to James Williams?
Huber is seen on body camera video arriving on scene and walking around homes in the 2300 block of 10th Street SW.
Huber heard rapid gunfire ringing out from behind a patio fence, and ran toward the patio before firing through the fence. He then retreated to his police cruiser for cover.
Huber can be heard shouting "Police, get down!" on video after firing his weapon.
James Williams' wife and children were inside the home. Marquetta Williams told Canton police officers that her husband was shooting his gun into the air celebrating New Year's Eve.
The Ohio Bureau of Criminal Investigation, at the request of the Stark County Prosecutor's Office and Canton Police Department, is reviewing the incident.
The results will be sent to Stark County Prosecutor Kyle Stone, who will present the case to a grand jury to decide whether or not to indict Huber on criminal charges.
Reach Cassandra cnist@gannett.com; Follow on Twitter @Cassienist
This article originally appeared on The Repository: Canton, police officer respond to James Williams' federal lawsuit
