Jeff Knepper

Trial resumes today after jurors break for weekend

The jury has yet to come to a decision in the case of a former UA student who lost his eye when he was shot with a beanbag round after a riot broke out on North Fourth Avenue.

Jeff Knepper, 21, and his lawyer have suggested an award of $2.1 million for medical costs, pain and suffering after he was shot on April 2, 2001, moments after the UA men's basketball team lost to Duke in the NCAA championship game.

Tucson police, assembled in riot gear, fired several beanbag rounds from flex batons into the crowd. One of the rounds, which Knepper's lawyer, Carl Piccarreta, said was fired by Detective Michael Mare, struck Knepper in the eye, completely blowing it out.

Attorney Daryl Audilett, representing the city, suggested an award of $192,000 as a more reasonable sum.

Audilett told jurors that Knepper was in the best position to prevent his injuries by choosing to leave the area, instead of remaining on scene to watch several rioters take part in vandalism, fights, and the setting of fires.

He went on to ask the jury if it was fair that Knepper stayed willingly to watch the riot but is now there "with his hands out, wanting to be made a millionaire."

Piccarreta acknowledged that Knepper may have stayed in the area too long but asked, "Has he committed so much an egregious fault that his punishment is losing his eye?"

Before deliberations began, Piccarreta asked jury members to consider that Knepper was shot as he attempted to leave, he did not participate in the riots but only watched them and that police did not specifically target him.

Knepper, who now attends Pima Community College, has a prosthetic eye and said he faces numerous other surgeries.

Piccarreta reminded the jury that the loss of his eye is something Knepper will have to live with for the rest of his life and that it could have been prevented had police been better trained and supervised.

Detective Mare, who was reprimanded for his actions that night, was not properly trained to use the flex baton and could not account for where several of his shots landed.

Jurors, who spent the whole day deliberating on Friday, have reviewed over 40 hours of videotape showing the riots that night, but none of the tapes showed the moment when Knepper was shot.

Knepper originally filed a $3 million suit against the city in July 2001, but the case went to trial after efforts to settle out of court failed before April 15.

After breaking for the weekend, the trial will resume today.