Kentucky family sues over shooting death at Fort Bliss

Ky. family sues over shooting death at Fort Bliss
By BRETT BARROUQUERE Associated Press Writer © 2010 The Associated Press
Oct. 20, 2010, 4:10PM


LOUISVILLE, Ky. — The family of a teenager killed during a shooting at a post in Texas is suing the U.S. government for $8.75 million, claiming the military was negligent in diagnosing and treating the alleged shooter.

Renee Richardson of Louisville, whose 18-year-old son, Ezra Gerald Smith, died in the April 24, 2009 shootings at Fort Bliss in Texas, claims the U.S. Army missed multiple warning signs that Spc. Gerald Polanco was suffering from numerous psychiatric disorders, including post traumatic stress disorder.

"This could have been prevented and that's what she's mad about," attorney Sheila Hiestand said of her client.

Richardson filed suit Wednesday in U.S. District Court in Louisville.

Polanco was charged with murder, but ruled incompetent to stand trial by a military judge a few months later. Polanco's current condition was not immediately available. His attorney, John Convery of San Antonio, Texas, did not immediately return a call from The Associated Press seeking comment.

Army Maj. Myles Caggins III, a spokesman for Fort Bliss, told The Associated Press that Polanco's court martial proceedings are ongoing and declined to comment.

"Our heart goes out to the family of Gerald Smith," Caggins said. "We are committed to fair and thorough legal proceedings in accordance with the Uniform Code of Military Justice."

In letters to Smith's family, the military denied liability for the shooting, saying Polanco's actions could not have been foreseen.

Smith was at Fort Bliss, where his stepfather was based at the time of the shooting.
read more here
http://www.chron.com/disp/story.mpl/ap/tx/7256084.html