Under the structured settlement, Jones, 31, will receive $1,028 monthly payments for 30 years beginning Sept. 14, 2022 with the last guaranteed payment on August 14, 2052. Watch video
The city reached a $575,000 settlement with Melvin Jones III, pictured here in Hampden Superior Court, in connection with a 2009 beating by former police officer Jeffrey Asher in 2009. This is an update to a story posted at 2:50 p.m. Wednesday.
SPRINGFIELD — The city has reached a $575,000 settlement in federal court with Melvin Jones III, a black motorist beaten by a white former police officer during a 2009 traffic stop, an attorney for the city said Wednesday.
John Liebel, a lawyer for the city, said the settlement was made public today and followed a two-day mediation in U.S. District Court before Magistrate Judge Kenneth P. Neiman. Jones sued the city and police for civil rights violations, negligence and assault.
“It was a good settlement because it was less money than the plaintiffs wanted and more money than what the defendants wanted to pay,” Liebel said. “This was a significant expenditure for the city, but in light of the multi-million dollar exposure we faced, had the case gone to trial, and the fact that it was a divisive matter in the community, the city felt it had to put this case behind them.”
He added that the payment was split into two components: $275,000 to a structured settlement company and $300,000 to Jones’ lawyers. The money came out of the city’s general fund and the agreement was signed by top city officials including Mayor Domenic J. Sarno, who declined to comment on the settlement.
Under the structured settlement, Jones, 31, will receive $1,028 monthly payments for 30 years beginning Sept. 14, 2022 with the last guaranteed payment on August 14, 2052. In addition, he will receive six lump payments in five-year increments beginning Sept. 14, 2017 totaling 129,084.
Through the structured settlement, with compounded interest over time, it totals $499,164.
Jones was represented in the civil matter by Holyoke attorney Shawn P. Allyn and William Newman, director of the ACLU of Massachusetts The Jones beating by former police officer Jeffrey M. Asher – convicted earlier this year by a jury in Chicopee District Court of assault and other crimes in connection with the incident and sentenced to 18 months in jail – was caught on amateur video and later posted on MassLive.com.
Jones has also had a string of legal problems including separate arrests for shoplifting, domestic assault and cocaine trafficking. Jones is being held behind bars without bail in connection with the drug and domestic assault charges and those cases are pending. He was therefore unavailable for comment.
Jones faces a seven-year mandatory sentence if convicted on the trafficking charges. That case is scheduled for trial in Hampden Superior Court for Oct. 23. It is unclear whether he can keep his court-appointed lawyer given the settlement. Jones’ criminal lawyer could not be reached.
Allyn said in a statement that: “Springfield’s decision to pay almost $600,000 recognizes the severity of the wrongdoing in this case. Hopefully this settlement, combined with Mr. Asher’s criminal convictions, will make clear that unjustified police violence against an unarmed individual cannot, should not, and will not be tolerated.”
During the traffic stop, the video showed Jones attempt to wheel away from Asher and a cluster of other officers as they pat-frisked him on the hood of a car. Asher then began beating him with a metal flashlight. Jones’ lawyers estimate he was struck 20 times. He suffered head injuries, broken facial bones and is partially blind in one eye.
Police involved in the incident said Jones attempted to go for one of their guns – allegations that were rejected by a Hampden County grand jury and the Chicopee jury in essence, as they rejected Asher’s argument at trial that amounted to self defense.
Other officers named in the lawsuit, Lt. John Bobianski, and officers Theodore Truiolo and Michael Sedergren were released from further liability along with the city and Police Commissioner William J. Fitchet, who also was named in the lawsuit. The city made no admission of liability in the agreement, Liebel said.
Bobianski, Truiolo and Sedergren never faced criminal charges but were suspended for various lengths of time by Fitchet based on recommendations by a citizen review board.
Melvin Jones III vs. City of Springfield Settlement Agreement and General Release
Those suspensions were later reduced after arbitration, Liebel said. Bobianski’s 45-day suspension was lowered to 10 days; Truiolo’s 15-day suspension was reduced by the arbitrator to a written warning; and Sedergren’s 45-day suspension was adjusted to 10 days.
Sgt. John Delaney, executive aide to Fitchet, would not comment on the settlement total but said the department was similarly relieved to bring closure to the saga.
“It was a long and difficult investigation for the department and the city, and we’re glad this chapter is finally behind us,” Delaney said.
Liebel said the figure reflected Jones “significant personal injuries that were documented” and said the city would have otherwise faced a three-week trial resulting in potentially significant legal fees and compensatory damages. He said the payout is one of the most significant police-related settlement’s in the city’s history.
The family of Benjamin Schoolfield, received approximately $700,000 after the unarmed 20-year-old black motorist was shot by police in 1994. In 2007, the city paid a $180,000 settlement to Douglas Greer, to a black school principal who said white police officers, including Asher, beat him as he suffered a diabetic attack in his parked car. Greer later died of a diabetic attack.