Akron: Burglar suing officer who shot him

Jan. 16, 2004
Akron Beacon-Journal

Convicted felon says he was surrendering when Akron officer fired gun
Police union says suit has no merit

A man shot during a break-in last January filed a lawsuit Thursday claiming the Akron police officer who opened fire had no reason to do so.

In his suit in Summit County Common Pleas Court, Christopher Sample says he followed officer Jason Bailey's orders and raised his hands to surrender but was shot anyway. The suit claims Sample was wounded "without warning, explanation or provocation.''

Police said Sample hesitated and made the officer think he had a weapon.

Sample pleaded guilty and served six months in prison for the Jan. 15, 2003, break-in at a Kenmore Boulevard business, but the 27-year-old Akron man has repeatedly denied being a threat to police that night. Officers did not find a weapon on Sample.

Bailey, who had been with the police department for a year when the incident occurred, shot Sample several times in his arms and legs. Sample was hiding inside a cabinet.

Officers on the scene said Sample showed his hands and appeared to be surrendering, but then pulled his hands back and slid them into his coat.

Summit County prosecutors found the shooting was justified.

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Sample says his injuries have prevented him from getting steady work since his prison release. His medical bills from the shooting total more than $45,000, according to the suit.

He is seeking unspecified damages. In addition to Bailey, the police department and city of Akron are named as defendants in the suit.

This week, Sample was arrested in another incident. He is in the Summit County Jail in lieu of a $2,500 bond. His new charges include felony vandalism and misdemeanor counts of resisting arrest and obstructing official business. What he is accused of doing is not clear.

Sample's attorney, David Sheldon of Medina, was not available for comment Thursday evening.

Akron Law Director Max Rothal said he had not seen the suit and could not comment on it.

The police union president defended the officer.

"We are 100 percent sure that the officer acted appropriately,'' said Paul Hlynsky, president of the Fraternal Order of Police Akron Lodge 7. "He went through an intense investigation and his conduct was flawless. We do not believe that this lawsuit has even the slightest of merit.''