ST. LOUIS -- A federal appeals court issued an opinion affirming a $1-million award for the children of a Dexter parolee, who was fatally shot by a state fugitive apprehension agent attempting to arrest him in 2008.
The U.S. Court of Appeals for the Eighth Circuit found the evidence supported that Steven Julian, who was a fugitive recovery agent on the fugitive apprehension team, then managed by the Missouri Department of Corrections, acted with reckless indifference in causing the death of Zachary Snyder, 23.
"We were expecting the jury verdict to be upheld on appeal," said attorney Steve Walsh, who, along with attorneys Danny Moore of Poplar Bluff and Dennis Wilson of Dexter, tried the case.
According to Walsh, this was a "tragic case involving a kind, gentle young man who lost his life in a senseless shooting by a remorseless parole officer.
"There are four young children who are growing up without a father, but at least this verdict will give them the means to get through life and get a good education."
The Eighth Circuit Court of Appeals issued its opinion Wednesday after the Missouri Attorney General's Office appealed the August 2012 verdict handed down in U.S. District Court for the Eastern District of Missouri.
After deliberating for about five hours, the seven-person jury awarded Snyder's four children the sum of $1 million in regard to the wrongful death claim of an "intentional shooting" committed by Julian.
Snyder's estate, according to earlier reports, brought the wrongful death suit on behalf of Snyder's children, then ranging in age from 4 to 9, who were named as the plaintiffs.
After the jury's verdict, Julian initially appealed in U.S. District Court.
In his motion, Julian had argued he was entitled to "official immunity" under Missouri law and that he was protected from liability by Missouri's public-duty doctrine.
He also urged the court to grant him a new trial because the damages award was excessive and unsupported by the evidence.
U.S. Magistrate Judge Lewis Blanton, now retired, denied Julian's post-trial motion for relief, which led to his appeal to the Eighth Circuit.
Walsh said Poplar Bluff attorney John Albright wrote the briefs and argued the case before the appellate court in December.
The opinion, authored by Judge Steven M. Colloton of Des Monies, Iowa, affirmed there was "sufficient evidence to defeat" Julian's motion for judgment at the district-court level and the damages award did not require a new trial.
The opinion says the evidence presented at trial was sufficient to support the jury's verdict finding that Julian "acted with reckless indifference to Snyder's rights," thus supporting the Snyder children's claim of wrongful death.
Julian, at the time of the shooting, reportedly was in charge of arresting parole violators in Southeast Missouri.
Snyder, who, in 2007, was on parole after serving sentences for possession of a controlled substance and automobile theft, was found to have absconded from supervision by Probation & Parole officials.
Julian, who was assigned to apprehend Snyder, reportedly received a telephone call from a woman who told him Snyder was at a Cape Girardeau apartment building.
On Feb. 14, 2008, Julian reportedly drove to the address and positioned his car in a well-lit parking lot in front of the apartment building.
"Julian saw Snyder, got out of his car and informed Snyder that he was a parole officer with a warrant for (his) arrest," the opinion says. "In response to Julian's order, Snyder placed his hands on the back of Julian's car.
"Julian approached Snyder, stood to Snyder's left and placed his left hand on Snyder's shoulder."
At that point, Snyder reportedly turned to his right and began to run.
"After Snyder took two steps, Julian fired one shot at Snyder," the opinion says. "The bullet entered Snyder's right back and exited his left chest area, traveling at an upward angle through his right lung, killing him."
Snyder was unarmed at the time he was shot.
Colloton said he and judges Roger L. Wollman of Sioux Falls, N.D., and Duane Benton of Kansas City, Mo., concluded "a reasonable juror could have found that Julian shot Snyder when Snyder was running away from Julian, not after Snyder turned toward Julian in a threatening manner."
The opinion further said the evidence "thus supported a reasonable inference" that Julian "intentionally fired his gun at Snyder 'needlessly,' while 'manifesting a reckless indifference to the rights of others.'"
As a result, the opinion says Julian was not entitled to official immunity because the "evidence supported a finding of malice."
The public-duty doctrine, the opinion says, is not applicable when a public employee acts "in bad faith or with malice."
Since the evidence "supports a finding that Julian fired at Snyder with malice, Julian was not entitled to judgment as a matter of law under the public-duty doctrine."
The judges affirmed the $1 million damages award as it was "not excessive because the net amount per child of approximately $150,000 (after fees and expenses) (and) did not exceed the estimated expenses of rearing a child."
The jury also reportedly was entitled to consider the value of lost of companionship, comfort, instruction, guidance and training as a result of Snyder's death.
While Julian argued Snyder spent little time with his children, was in prison for most of their lives and had minimal future earning potential, the jury reportedly heard "substantial evidence" of non-economic damages arising from the loss of their father.
"In light of the evidence concerning Snyder's relationship with his four children, and (his) youth and life expectancy, we cannot say that the damages award of $1 million constituted a plain injustice or monstrous or shocking result," Colloton wrote.