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Wrongful death suit names sheriff |
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Thursday, 11 September 2008 |
Benton woman claims officials caused her son’s death
A Benton woman has filed a wrongful death suit against Saline County Sheriff Phil Mask, Chief Deputy Bill Fields and the county.
The suit was filed in U.S. District Court by Jessie Gladson, who is represented by attorney Edward G. Adcock of Little Rock.
The suit accuses the sheriff and his chief deputy of conduct that constituted a proximate cause of the death of her son, Brad Stephen Abercrombie, who had sought protection from the sheriff’s office.
Gladson’s son died after Dec. 21, 2006, when he was shot by Willie Stephen Potter, who also killed Gladson’s girlfriend and then killed himself.
The suit notes that in the fall of 2006, John Gladson, husband of plaintiff Jessie Gladson, complained to sheriff’s officers that Potter was stalking Abercrombie and his girlfriend. John Gladson told authorities that Potter had threatened to kill both of them and that he posed a legitimate threat to their safety.
He asked the sheriff’s office to protect Abercrombie and his girlfriend or to enforce an existing order of protection or to arrest Potter on one or more of several outstanding warrants.
John Gladson, according to the suit, spoke directly with Mask and Fields, telling them that Potter had threatened his stepson and his girlfriend. He pointed out that Potter had violated the order of protection directing him to stay away from the woman, that Potter had continued to stalk the two, that Potter was dangerous and emotionally disturbed and that Potter posed an immediate, serious threat to Abercrombie and his girlfriend.
Previously, Abercrombie had reported the same complaints to another officer of the sheriff’s office, specifically requesting protection from Potter, both for himself and his girlfriend.
According to the suit, the pleas for protection were ignored because the sheriff’s office was using Potter as a confidential informant.
As a direct and proximate result of the inaction of the defendant, on Dec. 21, 2006, Potter stalked and murdered Abercrombie and his girlfriend, just as Abercrombie and John Gladson had told Mask and Fields that he would do if he were not restrained.
The suit states that the following facts were known to the defendants:
•Potter had threatened both Abercrombie and his girlfriend.
•Potter had a previous history of violence.
•Potter was a drug abuser and was irrational.
•Potter had harmed the girlfriend in the past.
•Potter had violated an order of protection.
•Potter had outstanding warrants for his arrest when Gladson and Abercrombie complained to Fields and Mask .
•Potter had a history of irrational behavior.
•Potter was stalking Abercrombie and his girlfriend.
The plaintiff states that these facts were ignored, leading ultimately to the two murders.
In the complaint, Jessie Gladson contends that her son was denied the protection to which he was entitled under the Fifth and 14th amendments to the U.S. Constitution. The suit accuses Mask and Fields of willful and malicious acts, committed with a willful disregard for the rights of the victims.
The plaintiff seeks unspecified compensatory and punitive damages and asks for a jury trial.
Representing the sheriff and Fields is Benton attorney George D. “Bucky” Ellis, who filed an answer denying the plaintiff’s accusations. He asked that the court dismiss Jessie Gladson’s complaint.
The sheriff declined to comment on the suit, saying only that he concurs with the response filed by Ellis. “I don’t think it’s appropriate to try the case in the media,” he said.
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