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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)