By
Cyndy Cole
Arizona Summer Wildcat
City hopes to find "common ground"
UA freshman Jeff Knepper, who lost his left eye after being by a "less-lethal" beanbag during the Fourth Avenue riots April 2, is filing a $3 million claim against the city of Tucson.
Though the claim, filed Thursday, is the first step in a potential lawsuit that would begin in September, it is unlikely the case will go to trial, said Knepper's attorney, Carl Piccarreta.
"Statistically, 95 percent of cases don't go to trial," Piccarreta said.
The claim covers ambulance, attorney, past and future medical expenses, pain and suffering and out-of-state tuition for the spring semester that Knepper, a pre-business major, was unable to complete.
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JON HELGASON
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Attorney Carl Piccareta (shown) discusses Jeff Knepper's $3 million claim against the city for the loss of his left eye during the April 2 Fourth Avenue riots.
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"He's spent $20,000 now, and I bet he'll spend over $70,000 plus over the course of his life," Piccarreta said.
In addition to the lost eye, the bone structure around Knepper's eye and his sinus walls were fractured, the claim states.
Knepper has also had drainage into the eye socket, congestion and infection since losing his eye, the claim states, and will undergo surgery in December to repair his sinus walls.
Knepper could not be reached for comment.
The city has not responded to any claims yet and will not immediately pay a settlement, Tucson city risk manager Terry Anderson said.
"What we'll probably do is sit down with (Piccarreta) and go over the claim and see if there's any common ground we can explore," Anderson said.
Mediation is one possible alternative to a lawsuit, Piccarreta said.
Meanwhile, the city will be doing more investigation on Knepper's case, he added.
Before proceeding with any claims, the city wanted to review the report issued Thursday by a panel of Tucson officials, media and community members that reviewed police actions on Fourth Avenue for the night of the riot, Anderson said.
"The facts are not clear," Anderson said. "The problem is, if we can't piece together the information about how or why he got shot, we may never know."
It may take several months for Anderson and Tucson Police Department to uncover what happened and why Knepper was shot, Anderson said.
The officer who fired the beanbag has not yet been identified.
"I don't know if it was a reckless act, which I think it was, or if it was an accident," Piccarreta said. However, the back of Knepper's head was "not an appropriate target," he added.
Knepper was injured as he was walking east on East Eighth Street, away from North Fourth Avenue, Piccarreta said. Knepper heard an explosion behind him and turned his head to see what had happened. He was struck in the face by a beanbag, one of the less-lethal weapons Tucson Police used to disperse rioters.
Two college-aged women helped Knepper up from the ground and walked him to a Tucson Fire Department truck, where an ambulance took him to the hospital, Piccarreta said.
"Accidents do happen," Piccarreta said. "Police do make mistakes. But the fact that no (police officer) came to his aid, and the cop that shot him didn't get on his radio to call someone and (Knepper) had to walk, that bothers me a lot."
