Maricopa County to pay $2 million in shooting by its deputies in post-Katrina duties

by Yvonne Wingett and JJ Hensley - Nov. 3, 2010 12:29 PM
The Arizona Republic

The Maricopa County Board of Supervisors will pay $2 million to a Louisiana man who claimed deputies working for the Sheriff's Office shot him in the eye while on assignment to aid New Orleans following Hurricane Katrina.

The Board of Supervisors approved the payment on a 4-0 vote at a Wednesday meeting; Supervisor Fulton Brock was absent for the vote.

Asked why the supervisors decided to settle the case, spokeswoman Cari Gerchick responded, "It was a business decision made to minimize taxpayer expense."

Gerchick referred questions to county Risk Manager Peter Crowley, who said, "It's just one of those cases where we felt it was in the county's best interest to settle."

The Sheriff's Office did not immediately respond to a request for comment.

Sheriff's deputies Aaron Brown and Jason Lier were among the members of the Sheriff's Office that flew to Louisiana in the aftermath of Hurricane Katrina in September 2005.

According to a complaint filed in federal court, Naquin was driving on a highway outside New Orleans when he crossed paths with Brown and Lier, who were driving an unmarked SUV.

Naquin's truck and the SUV briefly reached an impasse when one of the highway's lanes narrowed. According to the complaint, as the SUV and truck pulled alongside each other, Naquin saw the SUV's passenger-side window roll down and the barrel of a rifle come out, pointed at him.

Naquin did not see Brown or Lier wearing any clothes indicating they were law enforcement, and in the fallout from the hurricane, Naquin assumed the worst and sped off, according to the complaint. Brown and Lier continued to follow Naquin and activated the emergency lights under the grill of their unmarked SUV.

"Because of his experience and, in particular, his rescue work in New Orleans, Plaintiff knew that ordinary people, with no official status, had been using products such as under-the-grill lights for nefarious purposes," according to the court documents.

The deputies eventually turned off their emergency lights and stopped behind Naquin at an intersection, according to the court documents. According to the complaint, Naquin said he felt threatened and got out of his truck, unarmed, with his palms turned upward and asked Lier and Brown, "What do you (expletive) want?"

The passenger pointed a rifle at Naquin, according to the complaint, and shot the Louisiana resident in the left eye.

With a portion of his eyeball in his palm, Naquin asked the deputies why they had shot him, according to the complaint.

Paramedics took Naquin to a hospital where he had surgery, but physicians could not save his eye. Naquin alleges that Lier was the passenger and shooter and that Brown was the driver.

Lier is no longer employed with the Sheriff's Office while Brown remains a deputy.