Chester police officer linked fatal shooting of Black man sues dead man’s estate
A police officer involved in the 2019 fatal shooting of a handcuffed Black man outside a Chester Walmart has filed a counter civil lawsuit against the estate of the dead victim.
Ariane McCree died when he was shot by Chester Police Department officers in November 2019, according to police and court records. Court and police records identify the officers involved as Nicholas Harris and Justin Baker.
In federal court filings Wednesday, Harris claimed he was physically and emotionally injured when he was repeatedly headbutted by McCree while in the store. Harris wants punitive and actual damages from McCree’s estate, the lawsuit states.
“Harris was seriously, painfully, and permanently injured about his head and body,” the lawsuit states. “Harris has suffered permanent physical and psychological harm and injury and continues to endure pain and suffering, including mental distress and emotional anguish.”
The lawsuit states Harris fired his weapon to protect both himself and the public in the parking lot.
“Harris admits firing his service weapon in the direction of (McCree) after the decedent had pointed and presented a firearm at Harris,” the lawsuit states. McCree “posed a threat to not only Harris but the members of the general public at the Wal-Mart,” the lawsuit states.
South Carolina police from the State Law Enforcement Division and prosecutors from the S.C. Attorney General’s Office said the officers acted-in self-defense and defense of the public. The officers face no criminal charges.
The filing of the Harris counter lawsuit comes months after McCree’s estate filed a lawsuit against the officers, the police department, the City of Chester, and Walmart, claiming wrongful death and violation of civil rights.
Colin Ram, one of the lawyers representing the estate of Ariane McCree, said Wednesday night in a statement to The Herald that a jury will decide who the victim is in the case.
“Over a year after repeatedly firing his gun at a handcuffed black man, Nicholas Harris is now claiming to have suffered unspecified permanent injuries and ‘emotional anguish’ from that day,” Ram said in the statement. “But when this case goes to trial, a federal jury will have the final say on whether Harris is a victim or the perpetrator of the killing of Ariane McCree.”
Shooting rocks Chester and becomes a national story
The shooting of McCree became a national story after it was first reported by The Herald the day of the killing in 2019. McCree was a former Jackson State University football player.
He had obtained a gun from his car despite being handcuffed, police said. McCree had been a suspect in a shoplifting incident earlier in the day at the store, then was taken into custody by Harris after he returned to the store, according to authorities.
McCree’s family and their lawyers said in court documents the police did not have to kill McCree. The family and others, including the National Action Network, clergy, civil rights groups, and community members, have had several marches and demonstrations demanding justice in the case.
Video of shooting released
Chester Police Department Chief Eric Williams released body camera and dash cam footage in June that showed both the attack by McCree on Harris in the Walmart, and McCree being shot. Willims said the video shows McCree had a gun pointed at police despite being handcuffed.
Chester Mayor Wanda Stringfellow later in the summer demanded the officers be fired for violating police procedures for use body cameras. Stringfellow is a distant relative of McCree, but said the issue was police conduct. Officials did not fire either Harris or Baker.
S.C. Attorney General Alan Wilson asked the U.S. Attorney’s Office to review the McCree case. Wilson said the public has concerns about transparency in police killings, so he requested an independent review despite his office already clearing the officers of wrongdoing.
Federal prosecutors have declined to say if a review is being done.
The civil lawsuit by McCree’s family, and the counter-lawsuit by Harris, remain pending in federal court. No trial date has been set.
This story was originally published December 31, 2020 at 8:46 AM with the headline "Chester police officer linked fatal shooting of Black man sues dead man’s estate."
