A wrongful death lawsuit filed by the parents of Chance Shrum, who died after he was Tasered by Iola police officers in May 2007, has been dismissed.
Allen County District Judge Daniel Creitz dismissed the suit May 10 “with prejudice,” which means Sue and William Shrum, Chance Shrum’s parents, may refile the suit.
Creitz dismissed the suit at the request of attorneys for city, former police officers Paul Gamble, Mark Michael and TASER International because the plaintiffs failed to appear at an April 10 hearing to discuss the case’s future.
According to a motion filed by the defendants, the case has been delayed on a number of occasions for the Shrums, who have had difficulty retaining legal representation, most recently in November 2011.
An extension was granted then in order for the Shrums to proceed, then again in March to the April 10 hearing.
According to a letter written to the court by Sue Shrum, she mistakenly thought the hearing was scheduled for April 12, which is why she failed to appear at the April 10 session. She has requested a 120-day extension to find legal representation.
The case was scheduled to go to a jury trial in December.
SHRUM DIED in the early morning hours of May 15, 2007, after police spotted him walking naked along Lincoln Street.
Officers Gamble and Michael each shot Shrum with their Tasers shocking him a total of four times as he tried to flee.
Shrum began suffering physical distress after he was subdued and handcuffed. An ambulance was summoned and Shrum’s heartbeat stopped en route to Allen County Hospital. Hospital personnel were unable to revive him.
The suit alleged the officers used unnecessary force and that the city failed to train the officers on proper use of the Tasers.
Both officers were cleared of potential criminal charges in an investigation conducted by the Kansas Bureau of Investigation.
Michael resigned his post with the Iola Police Department and works with the Iola Fire Department. Gamble has moved from Iola.
Shrum’s parents filed suit in May 2009.
The Iola Police force continues to use Tasers.
