Estate of man killed by CPD cop files suit

A photo of David Herbert from his Facebook page
A photo of David Herbert from his Facebook page

CINCINNATI, OH (FOX19) - The family and friends of a man who was killed by a Cincinnati police officer has filed a suit seeking damages in his death.

Last year, David Paul Hebert, a.k.a. Bones was shot and killed by Officer Andrew Mitchell.

In the suit, his estate says Bones was sitting on the curb near a recent cutting incident, when police came to question him.

His family says Bones was very intoxicated and had trouble standing.

The suit states Bones removed the switchblade from his pocket when the officers requested him to do so but he did not threaten the officers with it.

Police say Bones swiped the blade at them and that's why Officer Mitchell shot and killed him.

However, Paul Carmack, the administrator of Hebert's estates talked about the shooting Wednesday during a public session of city council.

Carmack says the investigation was a sham. "The resulting investigations would go on to follow the same template they always do, discredit the victim, discredit the witnesses, ignore the facts to justify the unjustifiable actions of officer Mitchell," says Carmack.

Carmack says he is disappointed with what he sees as the failure of city officials to live up to their word. "In the hours that followed the shooting the mayor and acting police chief Janke were on TV assuring all of us they would, that investigations would be transparent, thorough and properly conducted. We are here today to inform this council that they have failed to deliver on those promises," says Carmack.

He says the shooting was not justified. "We're claiming that the actions of officer Mitchell, on the night in question were unjustified. Mr. Hebert was not a threat contrary to what the investigations have said. When you look at the evidence its clear that Mr. Hebert was not a threat so any use of force that was deadly is considered excessive. We just want to hold him accountable and at the same time clear the name of our friend," Carmack said.

The lawsuit seeks punitive and compensatory damages, but more than that an apology.

Shawn Zimmermann, a friend of Bones says "I'm angry, sad and frustrated. I mean a person is not around anymore because of a bad decision, by somebody who is supposed to protect us."

A customized Bones memorial bench was unveiled Wednesday evening in Hoffner Park. The bench features Hebert's love of biking with bike chain cupholders and cut out spokes.

Like Bones, the bench will never set in one place for too long, it will move to different locations around the neighborhood.

"Lot of hard work went into it. The guys who fabricated it, myself painting it, just a lot of love for sure, something that Bones was all about," says friend John Czarnecki.

In our commitment to balanced news FOX19 reached out to Cincinnati Police for comment, but they declined.

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