8/17/1992 BOARD OF SELECTMEN Minutes

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Y BOARD OF SELECTMEN Page MINUTES-SPECIAL MEETING THURSDAY, AUGUST 20, 1992 - Attorney Randall indicates that Sergeant Mace ' s separate counsel was Attorney Monahan. After findings were held , it was found that there were no insufficient allegations of negligence against the Town of Ma hpee and Chief Frye. They were dismissed from the case leaving only Sergeant Mace informs Attorney Randall as the sole defender. The Hendricks family brought a separate suit in Barnstable Superior Court under the Tort Claims Act naming the Town of Mashpee as the solo defender informs Attorney Randall. At that time , Attorney Randall indicates he was not an acture participant . He did not actually participate in the trial proceedings. He reports that as a result of the settlement, the state case was dismissed . In another legal proceeding, an inquest was held by District Attorney Rollins to determine any criminal or negligence acts . Attorney Randall indicates that Sergeant Mace was found not guilty of any wrongdoing. There was no criminal activity involved in the death of David Hendricks . Attorney Avery indicated that the estate of David Hendricks was settled on June 29 , 1992 before Judge Watson in the Federal Court . He then explained the lawsuit and how it came about to the many concerned residents present . The father, Lawrence Hendricks, his son Michael and son in law care to Attorney Avery relative to this concern. After hearing the case, Attorney Avery indicates he then learned that there was a serious and grave injustice that had taken place at the inquest .. The focus of the vase had a narrow purpose explains Attorney Avery. The purpose was to secure Mr . Hendricks son, Stacy Dana Peters in financial compensation. He notes that Stacy Peters was eight years old at the time of the incident . After a long process , the trial began on June 22 , 1992 informs Attorney Avery. Many photographs and video tapes were taken notes Attorney Avery. When the trial began, we were trying to do two things informs Attorney Avery. One was to tell the story of what had happened and to provide financial security to Mr. Hendricks son. After a week of trial , the plaintiff in the case rested informs Attorney Avery on June 2 , 1992 .