Appellate Court Hears Arguments in Richard Sabo Lawsuit

A three-judge panel in Cincinnati will now decide whether a lower court was incorrect in deciding the intentions of a man killed by police.

The U.S. Court of Appeals for the Sixth Circuit heard about Mentor police fatally shooting Richard Sabo in February 2009 after a brief stand-off at his Roselawn Drive home.

Sabo, whose blood alcohol limit was about three times the legal limit when he died, had brandished a shotgun and began to point it at officers.

Attorneys from the two sides disagree over whether Sabo was about to shoot – or turn and go back inside his house.

“Maybe he was lowering his gun for a non-aiming purpose?” said Judge John M. Rogers. “How do we know?”

This court could

Gwin threw out all claims against the city of Mentor made in the lawsuit, which was filed by Sabo's wife, Dian Sabo. However, Gwin did not dismiss the claims against Sgt. Scott Tkach, who fired the fatal shot.

Tkach appealed Gwin's decision, hoping the appellate court would also summarily dismiss Dian Sabo's claims against him.

Attorneys for Sabo’s estate believe the officers acted hastily shooting the retired factory worker and part-time casino bus driver after family members called for an ambulance, saying the elderly man was acting unusual.

After paramedics arrived at his home, Sabo ordered everyone out of his home or he would “go get his gun,” according to testimony in Thursday's hearing. Sabo’s estate attorney said it more likely that Sabo had or was having a stroke and was not a threat.

“He was a 72-year-old five-foot-five elderly man,” said Gordon Friedman, an attorney for Sabo’s estate. “This was a medical situation and it was handled militarily.”

The Lake County city’s police department did not have the experience needed to handle the situation, Friedman said.

“They’re loosey-goosey and ill-trained,” he said.

But John T. McLandrich, the city of Mentor’s attorney, argues that police officers do not have time to decide what a person’s intentions are when they have a gun pointed at them.

“What we have here, is that enough motive and more than sufficient for Tkach to believe his fellow officers were in danger?” he said. “The officer’s point of view is the same, whether (Sabo) aimed (at the officers) or not.”

A decision will be made in the case later this year.