By Arek Sarkissian II
Arizona Daily Wildcat
Tuesday May 6, 2003
Student who lost his eye in riots gets favorable ruling
Cheers were heard as the champagne flowed at Carl Piccaretta's office yesterday in celebration of Jeff Knepper's $765,000 victory.
Knepper was awarded the amount, less than one-third of the original claim, as compensation after being shot in eye with a beanbag bullet during the Fourth Avenue riots on April 2, 2001.
The jury, which took more than eight hours to deliberate, found Knepper 49 percent responsible for his injury. Awarding him only 51 percent of the $1.5.million the jury had originally decided on.
During the riots Tucson police began firing the less-than-lethal bullets into a crowd of revelers on Fourth Avenue. The crowd became unruly after the Wildcats lost to Duke in the April 2001 NCAA championship, leading to a full-scale riot.
Knepper said he was leaving the scene when he turned back to look at the crowd. Within seconds a Tucson police detective shot him in the eye.
While Knepper's attorney believed the injury his client incurred as a result of the shooting, combined with the pain of having to live without an eye warranted the $2.1 million Knepper originally requested, having the case completed was a relief.
"Its been more than two years for him, just dealing with this alone is hard enough," Piccaretta said.
Knepper agreed with Piccaretta, saying that being able to close this chapter in his life was more than rewarding.
"It's fine with me. It's just a relief," he said.
Knepper and his family gathered for a low-key celebration of the verdict at Piccaretta's Downtown office yesterday. Knepper's mother, Carla, who came from Knepper's hometown of Aurora Colo., believed the jury's deviation of fault still didn't seem right.
"I can't say I'm disappointed but I am concerned of how much they blamed him for what happened," she said. "What's important here isn't the money but how much blame they're putting on Jeff."
Attorney Daryl Audillet, who represented the city, said during the trial that he suggested $192,000 as a more reasonable sum for Knepper's injuries. He also told jurors during trial that the best position that Knepper could have put himself in was to leave the area, instead of staying to watch the mayhem that ensued that night.
Since he lost his eye two years ago, he is still getting used to the effects has on his life. He starts off every day cleaning the mucous from his eye.
"You never actually get used to it. You just kind of learn how to adapt," Knepper said of his life after losing his eye.
Knepper, who now has a prosthetic blue eye that matches his left, is still able to do most things he could do before, like drive a car.
Knepper regularly travels back to the Denver area but has remained in Tucson during the school year. He tried to start school again at Pima Community College but quickly dropped out.
"I just couldn't deal with it, looking different," Knepper said.
He still awaits more surgeries to complete the healing process.
Now that his civil case is over, Knepper plans to come back to the University of Arizona to major in communications. He said he plans to use the award money to pay off student loans and pay for schooling in the future.
The city still has a chance to appeal the case, which could reverse the jury's ruling.
"I'm not too worried about it being overturned," Piccaretta said.