Cops to pay settlement to family of slain man

Monday, Jan. 24, 2005 | 10:48 a.m.

The Metro Police fiscal oversight committee agreed to pay a settlement of $200,000 to the family of a schizophrenic man who was shot and killed by police four years ago after he allegedly lunged at an officer with a knife.

David Herrera's family members, Guadalupe Herrera and Adolfo Cruz, filed the wrongful death suit after the 27-year-old was killed Jan. 17, 2001, by Officer Al Woodruff.

Woodruff was cleared of any wrongdoing by a coroner's inquest jury about a month after the shooting.

Sheriff Bill Young said this morning it made more sense to settle with the family than continue with the litigation, although he felt Woodruff did nothing wrong. Herrera's family had been seeking $5 million.

"We are making a sound decision by settling this lawsuit for $200,000," Young said.

Woodruff and four other officers arrived at the house in the 4900 block of Terra Circle, near Tropicana Avenue and Nellis Boulevard, after two state mental health workers fled from the home when Herrera armed himself with a knife.

Herrera's mother called the mental health workers to the home because she said her son was not taking his medication and needed help.

The officers devised a plan to enter the house, take Herrera into custody and put him into a waiting ambulance to go to a hospital, but Herrera appeared at the door with a knife and appeared ready to stab the officers.

Woodruff fired four beanbags from a shotgun, but he said they appeared to have little effect. Another officer doused Herrera with a large canister of pepper spray, which also didn't subdue him.

The other officers testified they had their guns out and would have fired if Woodruff had not.