260644 WHI7E - CITY CLERK CO1111C11 /�����
P"`�1� - FINANCE
CAi��ARY - DEPARTMENT � GITY OF SAINT PALTL �V/
BLUE - MAYOR File NO.
�
`� Council Res lution -
Presented By
Referrecjfro Committee: Date
Out of Committee By Date
WHEREAS, suit has been filed against a Saint Paul Police
Officer, Thomas Drewry, as a result of injuries sustained in the
arrest of one Gary Clark, said arrest made on January 23, 1971,
and
WHEREAS, suit would have been brought against the City
of Saint Paul as a result of the same incident but was not brought
because of failure to comply with the 30 day notice statute thus
barring a suit against the City, and
WHEREAS, the actions of Officer Drewry, which are the
basis of the suit filed by Mr. Clark, were actions necessary in
the line of duty and employ to the City of Saint Paul, and
WHEREAS, in the process of negotiation between the
attorney for Mr. Clark and the Office of the City Attorney of the
City of Saint Paul, a settlement has been agreed to in the amount
of $2,300.00 to be paid to Mr. Clarkj now, therefore, be it _
� RESOLVED, that based upon the above tacts, it is the
intention of the Council of the City of Saint Paul to indemnify
Officer Drewry for settlement for damages paid to Mr. Clark in
the amount ot $2, 300.00; and be it further
RESOLVED, Th�at the proper City officers are hereby
authorized to make payment to Mr. Clark an amount of $2,300.00
as full payment and satisfaction of all claims against Thomas
Drewry and the City of Saint Paul arising out of the above
described incident.
COUIVCILMEN `°�
Yeas Nays Requested by Department of:
Hunt
Konopatzki .�_ In F�VO[
Levine �
Mec.,,�,h JZb e d L eY Against BY
Tedesco
Mme.President Butler Q
F Ep 8 �9� Form ApprcS�ed by C�Attorney
Adopted by Council: Date � _
�;�! J
Certified ssed by Counci�ecretary PJyv�'�✓ ` BY
By �%'
Approv d by Ma�!o Date 3 Approv by Ma to Council
By BY
PUBUSNE�D FE81 �' �973
� �
,, .
� �U����
CITY OF SAINT PAUL
OFFICE OF THE CITY ATTORNEY
January 22, 1973 KENNETH J. FITZPATRICK
MEMORANDUM
This Resolution involves an incident which occurred
on January 23, 1971. On this date Officer Thomas
Drewry was on duty together with his partner, Timothy
Ziolkowski. While on duty they observed a car that
had been re�orted as stolen. Upon curbing the car
they found that it was driven by a Mr. Gary Clark and
that there was a passenger in the car who they recog-
nized as a woman having an outstanding warrant against
her for aggravated assault.
When the driver, Mr. Clark, observed the police car
he bolted from the car, leaped a fence and ran through
the yards of the adjoining houses. Officers Ziolkowski
and Drewry got out of the car, ordered Mr. Clark to
halt, and fired a �aarning shot. When he failed to
stop running, both Officers Ziolkowski and Drewry fired
directly at Mr. Clark. He continued to run, apparently
unharmed, and ran in between the houses.
Officer Drewry then ran down to the alley and down
the alley and observed the suspect four or five houses
down the block. There he again ordered Mr. Clark to
stop and fired a warning shot. Mr, Clark continued to
run and Officer Drewry fired two more shots at him.
Apparently he fell on the second shot. He was then
arrested and taken to the hospital.
Upon treatment it was determined that Mr. Clark had
nine gunshot wounds, with injury to his wrist and
shoulder. He now claims disability in his arm.
City Hall, Saint Paul, Minnesota 55102
612 223-5121
� �
. �
r
-2-
Investigation was made by the Police Department
immediately after the incident, as is done in all
arrests involving gunshots, injuries, and also by
the Office of the City Attorney in the negotiation
of this case. There is r�o iadiea�i�n o£ �a�t'w�w
or wi;lful aet�s on the pa=t of Thomas �r�wry a�d hi�
actions were in �l^ie seope of aad th�s diac.h�rqe of�
his olffi�ial duti�s.
Mr. Drewry has been involved in other and separate
incidents which produced highly unfavorable press
reports for him. He is present •involved with a
separate incident which is no and ill continue to
produce unfavorable press reports. These incidents
have no connection to the suit of rir. Clark but the
reports ar�d pt�bli�it� t�e�eof ��xld d�finit�ly -�ofl�ctt
the outcoiae of this matter, shonld it b� litigat�d.
The Office of the City of Saint Paul has represented
Mr. Drewry in this matter, at his request and a
settlement has been negotiated in the amount of
$2,300.00. This figure was arrived at taking all
facts under consideration.
It is the recoiaruendation of the Office of the eity
Attorney that tbe City of Sa.i�� �Pa�l i�demnify
Officer Thomas Drewry for aettlement of this matter
in the amc��t of $2,300.00.
�.,-.~�" n
.- `.= ��/
, / �
C 8u�t���91e No. .�N�l�e L.
Rewi�. T ,
Faith D ox
and�c �a�� b
disco�
�
Vacl11#t7yt "'
'.s:: ' '
�s
d
1. 3.
E, !I�_;: � f�
it►
3. s
"`�3'i
d
', 1
�
A���. ''�.
1973. ��� I� i.
M�Praved �+eb .1. 1Y7�.
(Febtvarq i7, if71)