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Family of Man Shot by Officers to File Wrongful Death Lawsuit

Greenville, SC Wrongful Death Lawyer

Family of Man Shot by Officers to File Wrongful Death Lawsuit

In what will surely be a highly debated lawsuit filing, the family of Wes Swilling is to file a wrongful death lawsuit. According to WYFF, the family is claiming that Wes Swilling was shot 7 times by police officers while behind the law enforcement center after midnight and into the early morning hours. According to reports he threw a baseball at the officers and then waved an object.  He was shot and it was discovered that he was waiving a glue gun.  The wrongful death lawsuit will claim that the officers were "trigger happy" and not adequately trained or prepared for the job.

Wrongful Death Definition

Wrongful death is defined as the taking of the life of an individual resulting from the willful or negligent act of another person or persons. This lawsuit's claim will be that the officers were negligent and becuase it invovled a deputy and an officer it will likely be that the City of Greenville is sued along with Greenville County claiming that both agencies failed to properly train the officer/deputy. While not a case I would have personally taken, it seems that this case will receive a large amount of publicity and will likely be controversial.

Typical Wrongful Death Lawsuits

This particular wrongful death lawsuit is not the typical one we see.  Normally, they arise out of a serious car accident, motorcycle, etc.  Lately we've seen some associated with drunk driving and distracted driving accident (texting while driving). Those seem to be less controversial in that one party was clearly negligent and that negligence resulted in the loss of life.  The majortiy of the time, the insurance company for the at fault driver pays the settlement or verdict.

We'd love to get your take on the shooting wrongful death lawsuit.  Does it have merit?  Will the family prevail?  Do you think the lawsuit should not have been filed? Were the officers well within their rights?

2 Comments

1. The LEC is lighted like daylight 2. Where did he come from without being seen by any officer carring mentioned items 3. These 2 officers could not contain 1 man without gunfire ie... pepper sray,taser,a baton, 3. Why did the investigators remove items from his residence 4. What were these items and how do they pertain to the shooting death of Wes Swilling.
4.Why didn't these officers request back up?
These are questions should be applied in this lawsuit his mental state should only come second.
Their are at the least 6 communities within walking distance to the LEC that if his intent was suicide by cop would have been easier to manipulate than the LEC.
The comments posted on WYFF Website were from people who never have fit the decription or matched the profile of a suspect so its easy for them to say he got what he deserved and they also only believe what the media tells them in that their is no other side of the coin.
They think JUSTICE is about truth and right or wrong
Justice is about what the police can manipulate you into believing and they use the media to that but if you prove your not guilty the public still will not buy it because the police did not use the media to say WE WERE WRONG!
Yes i do believe the law suit has merit and I think the family deserves to know every detail.
Sadly even if the family wins the case they still lost a loved one,thats DONE!

Nothing will ever bring the loved one back. Law enforcement uses any excuse they can think of to cover up their "mistakes". They need to be held accountable for misdeeds, the same as anyone else would. A badge and a gun, does to make you right even though some people think it does.
Chuck Porter from Williamson, SC was killed by police on 2-11-13. Law enforcement was wrong then, just as they were wrong in this c ase. They are to quick to pull there guns instead of trying to get details. They can use any excuse they want to give, but when you loose someone, excuses are worthliess.

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