• 73°

Officer sues town, fellow officer

By Shavonne Potts
spotts@salisburypost.com
SPENCER — Longtime law enforcement officer James Schmierer, who works for the Spencer Police Department, filed a lawsuit against a fellow officer Hunter Shue and the town of Spencer alleging he was intentionally shot in the leg with a pellet gun and the police department took no action against Shue.
The civil suit was filed Friday in Rowan County and says the shooting happened March 2 while both officers were in uniform outside the Spencer Police station.
Schmierer says in his complaint he was shot multiple times from his ankle to mid-thigh. The suit does not indicate a motive for the shooting. The suit said Schmierer was shot at close range with a gun that he said looked like a full-sized, black assault rifle with a folding stock and magazine.
The pellet gun was an “automatic weapon that was shot numerous times,” the suit said.
The shooting was “willful, wanton and reckless,” the suit said.
There are no telephone listings for either Schmierer or Shue and neither could be reached for comment. Schmierer’s attorney, Seth Cohen, of Greensboro is on vacation all week and could not be reached for comment.
The Spencer Police conducted an investigation and subsequently placed a letter of reprimand in Shue’s personnel file. Shue was not “demoted, suspended or terminated from employment,” the suit said.
The town is liable to Schmierer for the actions of Shue, the court document said.
The lawsuit said the incident has caused Schmierer “pain, lost wages, past as well as current and future medical bills, emotional distress, post traumatic stress disorder, nervousness, depression, insomnia and humiliation.”
Shue “should have known” this would result in injury or harm.
In 2008, Schmierer accused the town of East Spencer, where he’d served as interim police chief, and four aldermen of racial discrimination. The town and Schmierer settled that suit nearly four months after he filed.
Shue began January 2009 as a police officer trainee with the Kannapolis Police Department and ended March 2009. The reason for separation with the Kannapolis Police Department is unclear as of Tuesday afternoon.
The suit also alleges Police Chief Michael James took no other disciplinary action against Shue.
James declined comments. He said he’s prohibited by law to speak about active cases.
“We haven’t been served yet and will have an attorney review and file a response,” said Spencer Town Manager Larry Smith.
Contact reporter Shavo-nne Potts at 704-797-4253.

Comments

Comments closed.

Local

‘Meet the need’: Rowan County Health Department looks to add to vaccination options

Local

Seaford is first woman in county hired for town manager position since the ’90s

Local

Colonial Spring Frolic makes a comeback to kick off museum’s year

Local

Concord City Council wants to name bridge for fallen officer, Rowan native

Education

RSS administration will recommend selling Faith Elementary property to charter school

Business

Inspired by advice from father-in-law, Angela Mills launches her own business in memory of him

Local

Rowan County Democrats re-elect leaders, pass resolutions

Local

Baseball: Memories come alive in Ferebee book

Local

During Child Abuse Prevention Month, professionals reflect on detecting abuse in a virtual world

Business

Biz Roundup: Small Business Center announces spring slate of workshop for business owners

Clubs

Kiwanis Pancake Festival starts Friday

Local

Rowan fire marshal seeks to clear up confusion, worry caused by solicitation letter

Education

Fun every day: Fifth anniversary for Yadkin Path Montessori School

Nation/World

Charles: Royal family ‘deeply grateful’ for support for Philip

News

North Carolina sites to resume J&J vaccines after CDC review

News

Cooper OKs bill offering K-12 students summer school option

High School

High school football: Playoff time means get ready for ‘big-boy football’

High School

High school football: Hornets overpower South to secure playoff spot

Crime

Jeffrey MacDonald won’t be released despite deteriorating health

Business

Amazon warehouse workers reject union in Alabama

Nation/World

Ex-NFL player’s brain to be probed for trauma-related harm after Rock Hill shootings

Education

Duke University to require COVID vaccinations for fall term

Education

Cooper OKs bill offering K-12 students summer school option

High School

High school football: Record night for Pinckney as East cruises; Carson wins thriller in OT