Barry Deloatch was shot once in 2011 after refusing to show his hands
NEW BRUNSWICK - The family of man shot and killed by New Brunswick police five years ago have settled their civil lawsuit with the city for $300,000, according to a report on MyCentralJersey.com.
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Barry Deloatch, a 47-year-old man who was shot and killed by New Brunswick police in 2011. His sons settled a lawsuit against the city for $300,000. The sons of Barry Deloatch Sr., 47, sued after their he was shot once while fleeing from police, then scuffling with an officer in an alley off Throop Avenue just after midnight on Sept. 22, 2011.
City attorney T.K. Shamy, who reportedly confirmed the settlement at Wednesday's council meeting, didn't immediately return a call from NJ Advance Media seeking comment.
Deloach's sons, Barry Deloatch Jr. and Barry Gavin, file the suit against the city.
A grand jury declined to indict Brad Berdel, the officer who shot Deloatch. Berdel initially resigned from the force in 2012 after an internal investigations report found he wasn't carrying pepper spray the night of the shooting. State pension records show Berdel retired in April 2013 and receives an accidental disability pension of $50,833.98 per year.
Berdel and his partner Daniel Mazan approached three men, including Deloatch, who had just emerged from an alley. When the men were ordered to show their hands, Deloatch refused, holding one hand behind his back, authorities said. Mazan then drew his weapon and repeated the order. Deloatch ran, prompting the officers to give chase, officials said.
When Mazan caught and tackled Deloatch, he began striking the officer with a 2-foot stick, officials said. Fearing for his partner's life, Berdel fired at Deloatch. It was later determined Deloatch was not armed.
An autopsy determined Deloatch was shot once in his left side and that the bullet pierced his aorta. A subsequent toxicology report showed Deloatch had cocaine and heroin in his blood, authorities said.
Mazan was not charged.
The shooting sparked nearly a week of daily protests, resulting in several arrests. Angry residents stormed city council meetings and called for Mayor Jim Cahill to resign. Cahill, who was elected in 1991, is still in office.
Jeff Goldman may be reached at jeff_goldman@njadvancemedia.com. Follow him on Twitter @JeffSGoldman. Find NJ.com on Facebook.
