Published June 2, 2020 · Settlements

Nearly six years after John Crawford III was shot and killed by a Beavercreek police officer inside the Beavercreek Walmart, the City of Beavercreek has agreed to pay $1.7 million to settle the wrongful death lawsuit brought by his estate and family. WHIO reported the agreement on May 13, 2020, and WYSO reported it the next day.

For families in the Dayton area, this case has been part of the community's life since August 2014. Our thoughts are with Mr. Crawford's parents and his children. No settlement changes what they lost, and the family's attorney said as much. This article looks at what was reported and at what the settlement shows about wrongful death claims against a city.

What was reported

According to the news reports:

  • Mr. Crawford, 22, of Fairfield, was shot on August 5, 2014, inside the Beavercreek Walmart after a 911 caller reported a man with a rifle. He was holding a pellet rifle sold in the store.
  • Beavercreek police officer Sean Williams fired the shots.
  • A Greene County grand jury did not bring charges against the officers, and in July 2017 a federal grand jury declined to indict Officer Williams.
  • The city agreed to pay $1.7 million to settle the wrongful death lawsuit against it.
  • The city said it and its personnel "have made no admission of any liability or wrongdoing."
  • The family's separate wrongful death claim against Walmart remains pending.

The family's attorney, Michael Wright, told WYSO the result was "somewhat bittersweet for the family," and told WHIO that "No amount of money is going to bring their son back."

A civil case can go forward without criminal charges

One of the hardest things for families to accept is a decision not to charge the person who caused a death. In the Crawford case, there were no criminal charges. The civil case continued anyway, and it has now resolved with a significant payment.

That is because the two systems answer different questions. A criminal case asks whether the state can prove a crime beyond a reasonable doubt. A civil wrongful death case asks whether a person or organization is legally responsible for the death and what the family lost. The standards of proof are different, the parties are different, and the outcome of one does not decide the other. Our guide chapter on criminal and civil cases explains how they relate.

Claims against a city are different

Cases involving police or other public employees have their own rules. Ohio law gives cities and their employees significant protections, and claims about police conduct are often brought under federal civil rights law as well as state law. These cases tend to take longer, and they often turn on detailed legal questions about immunity. The Crawford family's case took almost six years to reach this settlement.

If your loved one died after contact with police, a jail, or another public agency, it is important to talk with a lawyer early. Our page on government and police wrongful death cases describes some of the special rules.

A city's statement that it admits no wrongdoing is common in settlements. It does not reduce the amount the family receives, and it is not a finding by any court about what happened.

Who receives a wrongful death settlement

In Ohio, a wrongful death action is brought in the name of the personal representative of the estate, for the exclusive benefit of the surviving spouse, the children, the parents, and other next of kin. Under R.C. 2125.02(A)(1), the spouse, children, and parents are presumed to have suffered damages. Our chapter on who can bring a claim covers this in detail.

The money does not simply go to whoever signs the agreement. Under R.C. 2125.02(C), a personal representative appointed in Ohio may settle a wrongful death claim only with the consent of the probate court that made the appointment. That is true whether the settlement happens before or after a lawsuit is filed.

R.C. 2125.03 then governs how the money is divided. Unless all of the beneficiaries are related to the person who died in the same degree and agree among themselves, the court adjusts each share in a way that is equitable, considering each person's loss and their age and condition. Our probate chapter on approving a settlement walks through that hearing.

When children are beneficiaries

Mr. Crawford's family includes his children. When minor children share in a wrongful death recovery, the probate court takes special care to protect their portion. R.C. 2125.03 allows the court to place a beneficiary's share in a trust until age 25. Courts may also use guardianships, restricted accounts, or structured payments. Our chapter on shares for children explains the options.

What families can take from this

  • A decision not to prosecute does not end a family's options. The civil claim is separate.
  • Cases against public entities take patience. Immunity defenses and appeals can add years.
  • Settlements require court approval. The probate court reviews the terms and the division among family members.
  • Children's shares are protected. The law gives the court tools to make sure money set aside for a child is there when the child needs it.

This article is general information about Ohio law, not legal advice about your situation. Reading it does not create an attorney-client relationship. Deadlines and rules change; talk to a lawyer about your family's situation.