Saturday, Dec. 31, 2005 | 7:49 a.m.
North Las Vegas has reached a tentative settlement with the family of a 16-year-old who was shot and killed by a police officer in February 2001 after allegedly brandishing a toy gun.
The City Council will consider a recommendation Wednesday from acting City Attorney Carie Torrence to pay the family of Billy Ray Finks Jr. $35,000.
Torrence said the city isn't admitting guilt by agreeing to a settlement. She called it a "smart business decision" because the city would pay more for attorneys and expenses if the case goes to trial.
Thomas Peterson, the Henderson attorney representing the Finks family, did not return phone calls.
If the case went to trial and the city lost, North Las Vegas would be liable for several million dollars, said Robert Freeman, the outside counsel representing the city. The cost of going to trial alone could cost up to $60,000, he said. The case was set for trial in federal court in January.
"If we went to trial and the jury believed the plaintiff, I am sure the award would be in seven figures," Freeman said. "I don't think the jury would believe that, but you never know what a jury is going to do."
North Las Vegas Police alleged that Finks, a Western High School student at the time, stole a car and was chased by police. When the car arrived at a dead end, an officer ordered Finks and a 15-year-old passenger to stay in the car, but the pair got out, police said.
The officer, Anthony Bailey, testified during a Clark County coroner's inquest that he saw Finks with a chrome revolver, yelled for him to drop it, and when he didn't, Bailey fired two shots. At the time, Bailey had been an officer for about a year. He was later cleared of any wrongdoing by the inquest jury.
The gun turned out to be a toy.
The only other witness to the shooting was Finks' passenger, Demario Payton. He testified that Finks got out of the car with his hands in the air and didn't have the toy gun. Police said, however, Payton gave a statement on the day of the shooting that Finks had the gun in his hand. Finks' family accused police of intimidating Payton.
"The guy pulled a gun on our officer, and he had to defend himself," Torrence said.
The initial federal lawsuit alleging civil rights violations involved two other officers who arrived after the shooting and then-Police Chief Joey Tillmon, but those claims were dismissed by the court, Freeman said.
Brian Wargo can be reached at 259-4011 or at [email protected].
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