Metro to pay $150K to settle murder suit involving negligence

Tuesday, August 2, 2011 at 9:49pm

The Metro Council voted Tuesday to pay $150,000 to settle a suit slapped against the city after an individual under supervision of the Davidson County community corrections program, with simultaneous repeat offenses, was convicted of first-degree murder of his girlfriend.

While monitored by the corrections program in 2008, Michael Williams was arrested for various crimes, including aggravated assault against Shellie Albright Hernandez, as well as repeatedly calling her, which violated a previous order.

Nonetheless, a case officer never notified the court of any of these crimes, according to the council’s legal analysis. Such notification is required whenever a corrections program participant is arrested again. The case officer was later dismissed.

On Dec. 2, 2008, Hernandez agreed to meeting Williams, which went against an order of protection. That afternoon, Williams shot Hernandez in the head.

He was convicted of first-degree murder several months later. 

The administrators of Hernandez’ estate, Steven and Kathy Albright, filed a wrongful death suit against Metro in December 2009. The $150,000 awarded to the Albrights will come from Metro’s self-insured liability fund.

“This is a complicated case involving an intentional criminal act that lead to the death of Ms. Shellie Albright Hernandez,” Metro Department of Law Deputy Legal Director Mike Safely said in a statement. “It is alleged that negligence by a metropolitan government employee created the opportunity for this criminal act to occur.

“In addition, the actions of the victim are also in question. In light of all the facts, the proposed settlement is thought to be fair and in the best interest of the metropolitan government,” he said.

The resolution outlying the $150,000 legal settlement cleared the council unanimously and without diliberation.

 

2 Comments on this post:

By: govskeptic on 8/3/11 at 7:15

"Self-insured liability fund" sounds like an insurance policy of sorts. It's not!! -it's
tax payer dollars out of the general fund. Sad case but actually some shared
liability.

By: localboy on 8/3/11 at 9:04

"The administrators of Hernandez’ estate, Steven and Kathy Albright, filed a wrongful death suit against Metro in December 2009"..."The Metro Council voted Tuesday to pay $150,000 to settle a suit slapped against the city..." A suit filed in 12/09 has yet to be decided by the court as of 08/11? And some folks wonder why there's increased skepticism by the general public regarding the judicial system.