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Family sues Georgia police after death in custody

By WTOP Staff

KATE BRUMBACK
Associated Press

ATLANTA (AP) — The family of a man who died after Atlanta-area police used stun guns on him has filed a wrongful death lawsuit against the former officers and the city, the family’s lawyer said.

The lawsuit, which was filed in Fulton County Superior Court, says East Point police officers used their stun guns as many as 13 times on Gregory Towns Jr. while he was handcuffed. The lawsuit claims former police sergeant Marcus Eberhart and former corporal Howard Weems used excessive force in the April 11 incident.

“It’s just heinous,” attorney Chris Stewart told The Associated Press in a phone interview Thursday. “This isn’t one of those cases where he punched an officer and they had to Taser him to calm him down.”

The lawsuit comes amid increased attention on police use of force in the wake of the fatal shooting in of 18-year-old Michael Brown in Ferguson, Missouri. Following that shooting, local police in Ferguson donned riot gear and fired tear gas and rubber bullets at protesters who refused to disperse and, at times, broke into nearby businesses.

While many police officers use their authority appropriately, there are some who view any act of disobedience as a call for extreme action, Stewart said.

“In our case, it wasn’t about color, obviously, because the officers were black,” Stewart said. “It was about power. He didn’t walk when they said walk. He didn’t stand when they said stand. And he didn’t move fast enough when they said move.”

Calls to a number listed for Eberhart seeking comment went unanswered. Weems referred questions to his lawyer, Dale Preiser, who declined to comment. East Point acting city attorney Brad Bowman said the city doesn’t comment on pending litigation.

The lawsuit describes the family’s version of events when police confronted Towns, 24.

Officers approached Towns as he was leaving his son’s mother’s apartment complex after having a domestic dispute with her, the lawsuit says. When officers approached and asked to talk to him, he ran away and officers caught up with him after he tripped over a tree branch and fell.

Officers handcuffed Towns and ordered him to get up and walk to a patrol car, but Towns said he was too tired from running. Weems threated to use his stun gun on Towns if he did not get up, the lawsuit says. Towns got up but soon fell over again, telling officers he was tired.

Stun gun logs Stewart said he obtained from the police department show the officers then used their stun guns on Towns as many as 13 times in a 30 minute period, though the police report indicates the stun gun was used fewer than five times, Stewart said.

Weems and Eberhart violated the department’s stun gun policy, which says stun guns should not be used on someone who’s handcuffed, should not be used to escort or prod someone and should not be used on someone who’s offering only passive resistance, the lawsuit says.

An autopsy report from the Fulton County medical examiner’s office says Towns died from “hypertensive cardiovascular disease exacerbated by physical exertion and conducted electrical stimulation.” The report lists the manner of death as a homicide and cites stun gun use by police.

Eberhart resigned and Weems was fired and is in the process of appealing his termination, East Point spokeswoman Renita Shelton said.

The East Point police department, under the direction of former chief Woodrow Blue who resigned earlier this month, acted admirably in the wake of Towns’ shooting, Stewart said. Immediate action was taken and the Georgia Bureau of Investigation was called in right away to review the circumstances surrounding the shooting. Unlike in Ferguson, the community in East Point felt that the situation was immediately addressed and handled appropriately, Stewart said.

The GBI has completed a report on the case and turned it over to the office of Fulton County District Attorney Paul Howard, who will decide whether to present the case to a grand jury, Stewart said. Howard’s office is still investigating, spokeswoman Yvette Jones said.

The lawsuit, filed on behalf of Towns’ estate and his infant son, seeks compensatory and punitive damages.

Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Don’t Settle for Student Loans to Pay for Online Education

By WTOP Staff
Online college programs are becoming a more popular choice for prospective students, with one study finding that more than 6 million students enrolled in at least one online course in fall 2015. The popularity of these courses can be attributed in part to their flexibility with working adults' schedules, students' ability to progress more quickly through online programs and, oftentimes, cheaper tuition. [See 10 low-cost online bachelor's programs for out-of-state students.]Online degrees can be beneficial to many college students, but some studies have shown online learners complete their programs at lower rates than students at traditional brick-and-mortar campuses. Individuals with student loans but no degree comprise two-thirds of defaulted borrowers. Though these numbers are not encouraging, just like for traditional programs, there are ways to reduce how much you'll need to borrow for an online program to ensure you won't become one of these statistics. Don't just settle on borrowing student loans to cover the whole cost of your program and living expenses. Instead, start thinking about how to cut costs and cover your balance in different ways, such as the following. -- Grants and scholarships: Even though you are taking an online course, you can still apply and receive grants and scholarships. But your first step should be to complete the Free Application for Federal Student Aid, commonly referred to as the FAFSA, which will allow you to receive a Pell Grant if your expected family contribution is low enough. The EFC criteria and award amounts are adjusted annually, but the 2017-2018 academic year awards range from $606 to $5,920, which could significantly lower the amount you borrow annually. Your next step is to apply for scholarships. You can start by checking online scholarship search engines, such as the Salt Scholarship Search, College Board's BigFuture and Peterson's. But don't forget to take advantage of local organizations and your school's financial aid office. Both may offer scholarships that you can't find with a national scholarship search. [Review these 10 sites to kick off your scholarship search.]For instance, organizations like the Elks Club, Knights of Columbus or the Rotary Club typically offer scholarships annually to local students. Just because you're going to school online doesn't mean you're ineligible. Visit your local library for scholarship listings, and ask around town. You might be surprised how many local organizations offer scholarships. While these scholarships typically aren't large, every little bit counts. Each dollar you receive in a scholarship is a dollar you don't have to borrow and pay interest on. -- Work-study: Another option for online students may be work-study awards. Not all students enrolled in online programs are eligible, but students at some schools -- including, for example, SUNY Empire State College and Liberty University -- are. Work-study awards are not given upfront like scholarships and grants. In most cases, they are an offer to earn up to the awarded amount if you secure an eligible work-study job. While there is a misconception that all work-study jobs must be on campus, students can work for off-campus, nonprofit or public employers as long as the work is in the public's interest. You may be able to work for a for-profit employer if the job is relevant to your course of study. No matter who the outside employer is, it will need to have an established agreement with your college for you to receive work-study funds. Remember, to be eligible for federal financial aid, you must be enrolled and pursuing a degree or certificate. If you're not working toward a credential, Pell Grants and work-study won't be option, but you may still be able to take advantage of private scholarships -- just be sure to read the eligibility criteria carefully. [Explore what to know about financial aid in online programs.]-- Pay as you go: One of the great benefits to enrolling online is the flexible schedule, which can allow you to complete your college coursework around your responsibilities. But prospective students often overlook using their part- or full-time job earnings as an option for paying for college. Almost 80 percent of college students in 2015 worked at least part time while attending classes, according to the National Center for Education Statistics. By budgeting and thinking strategically about your college costs, you can likely reduce your dependence on student loans by paying a portion out of pocket. Many -- but not all -- online programs are less expensive than traditional programs and often have shorter payment periods. Six, eight or 10 weeks are common course durations. Because of the frequency of payments in an online setting, you may be well-placed to pay as you go and possibly avoid borrowing altogether. Attending college online and avoiding student loans may be challenging, but if you are willing to put in the effort, you can limit the amount you need to borrow. More from U.S. News Q&A: Understanding Student Loan Discharge Eligibility Student Loan Refinancing Isn't Right for All Borrowers
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