Cindy McFarland, widow of the Montgomery Regional Hospital security guard killed by William Morva two years ago, has filed a lawsuit against three deputies and a Montgomery County sheriff according to the Roanoke Times.
McFarland asserts that Sheriff Tommy Whitt, Captain Robert Hall, Lt. B.J. Smith, and Deputy Russell Quesenberry could have taken measures to prevent the death of her husband, Derrick McFarland. McFarland is suing for $9.8 million in damages.
Hall and Smith are employed at the Montgomery County Jail, while Quesenberry was responsible for transporting Morva from the jail to the hospital. Morva, noting soreness in his wrist and ankle, claimed to have fallen and requested immediate medical attention. At the hospital, Morva used a metal toilet paper dispenser to knock Quesenberry unconscious, then stole and loaded his pistol, fatally shooting Derrick McFarland and sheriff's Corporal Eric Sutphin later the following day.
McFarland's lawsuit claims that Quesenberry ignored clear signs that Morva would attempt to escape, and should have taken note of his attempts to walk on Quesenberry's weapon side and drop his discharge papers. The lawsuit also questions Quesenberry's decision to allow Morva into the restroom unsupervised.
Morva was sentenced to death earlier this year, after a jury in Washington County Circuit Court in Abingdon, Va, found him guilty of three counts of capital murder.
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Im sorry for this woman's loss but get over yourself. Honor the loss of your husband by remembering him instead of by suing the OTHER victims. Would you also sue Quesenberry's wife if he had happened to be killed? Youre suing the man like he WANTED to get knocked unconscious. Dummy!
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I agree. The whole culture of suing anyone you think you could skim a few bucks from is getting out of hand. What happened was a tragedy...and rather than blaming the person who commited the crime (Morva), you want to sue the other folks who didn't commit the crime, just because they handled him that day? Ridiculous. If she were suing Morva's estate for damages, I could see that...but not the Sheriffs. That's akin to suing Ford because someone who drove a Ford haoppened to hit you one day, it just doesn't add up.
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The question is whether protocols were followed. If they were not, I see no problem with suing, or at the very least demanding that those who broke them be fired or otherwise held accountable. If protocols were followed, maybe it's time for new protocols.
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We seem to bee hyperreactive to suits being filed here. This isn't someone trying to make a quick buck, this is someone who lost their husband and partner in life. If the correct procedures were taken then the defendant will be acquitted, if not then the appropriate compensational measures will be taken. Do Lee Hawkins and John see some fundamental flaw in the American justice system?
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The issue, Joe, is that juries tend to be more concerned with the 'personal' aspect of things rather than the legal aspect of things. This is the downside to having civil trials held in front of a 'jury of one's peers' - it's pretty challenging, unless the defense's evidence is overwhelming, to get a verdict in the defense's favor. That's why personal injury lawyers are so successful - they present cases which hinge on emotional rather than legal aspects. When cases are decided based on who suffered more rather than who was legally culpable, the American justice system has failed.
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There is a perception that there is no internal auditing process that holds civil servants accountable when they act inappropriately. This leaves a civil suit as the next logical choice for recourse. It is unfortunate that the trials often turn into circuses, but that doesn't mean that a trial is not warranted; it simply indicates that jurors are too easily manipulated.
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It is horrible that this woman is placing a price tag on her husband's life. To me, it makes it seem that yes, she is in pain from losing her husband, but 9.8 million dollars will make up for the pain that she has received. I don’t agree in equating a dollar amount with the loss of a loved one.
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Steve, it is less about a price on her husband's life and more about assessing a price that will appropriately chastize those who dropped the ball.
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I'd like to know why a prisoner was transported to a public hospital in the first place? The prisoner should have been taken to a prison hospital where more secuirty would have been in place to handle Morva. I hope Cindy wins her lawsuit.
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$$$ talks these days. Someone is always to blame and $$$ is the answer for everything.
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I do not believe this
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