The City of Cleveland has agreed to a $375,000 settlement in a lawsuit filed by 27-year-old Kip Holloway, who believes he was unjustly shot by a Cleveland police sergeant, during an arrest in May of 2014.
Holloway's attorney Terry Gilbert told News 5 his client was unarmed, and on the ground attempting to give himself up to police, when Cleveland police sergeant Timothy Patton shot Holloway in the hand, the bullet ricocheting into his chest.
Police believed Holloway was involved in a breaking and entering case, chasing him into a garage on E. 128 St. in Cleveland.
Holloway was later acquitted on all charges.
Holloway told News 5 in a 2014 interview he ran because he was in fear, and then got on the ground to try and surrender.
Gilbert believes the case is another example that proves the Cleveland police department has use of force issues.
Gilbert also pointed to the fatal Cleveland police shootings of Malissa Williams and Timothy Russell in 2012, and 12-year-old Tarim Rice in 2014.
"It was a bad shooting. Mr. Holloway was unarmed," said Gilbert.
"In the 137 shots case, they over-reacted, they didn't confirm that it was a muffler. Like in the Tamir Rice case, rather than staying back with the vehicle, they pulled up right in front of him."
"I think it all boils down to training, to proper supervision and to properly investigate these cases in an unbiased, objective way."
Gilbert believes the Department of Justice investigation into Cleveland police use of force is making improvements, but he said there is still a long way to go.
