JUNE 3, 2016
Negligent training claimed in wrongful death lawsuit
LOUISA, Ky. — A lawsuit that has been anticipated by many in Lawrence County was filed May 20 in Lawrence Circuit Court over the taser death of Billy Collins, Jr. last year.
The Estate of Billy Collins, Jr. (Son of Billy Joseph Collins) filed a lawsuit against LPD officer Steve Wilburn, The Louisa Police Department, The Lawrence County Sheriff’s Dept. and The City of Louisa.
According to the lawsuit filed on May 20th, 2016, against the following people and agencies for “ALLEGEDLY CAUSING THE DEATH OF BILLY COLLINS, officer Stephen Wilburn, officer Jordan Miller, Chief Greg Fugitt, Sheriff Garrett Roberts, deputy Mason Keefer, deputy Mack Wilhite, The Louisa Police Dept., The City of Louisa, and The Lawrence County Sheriff’s Office, were all named in the complaint.
The lawsuit says Steven Wilburn on or about May 29th was acting both individually and/or in his capacity as agent/ servant or employee of the Louisa Police Department and/or the city of Louisa Kentucky. He is individually liable and the Louisa City Police (hereinafter police department) are vicariously liable for the death of Billy Collins.
Billy J. Collins 56, of Louisa was arrested by Sgt. Wilburn and charged with Driving on a Suspended Kentucky Operator’s License, Failure to Maintain Insurance and Disorderly Conduct on graduation night 2015 at LCHS. Collins was then transported to the Louisa Police Department where he reportedly refused to comply with the officer’s commands.
Sergeant Wilburn called for assistance when he (Mr. Collins) became combative striking Wilburn multiple times. Collins fled into the foyer area in the police department and barricaded himself inside the facility.
Additional officers with the Louisa police department and the Lawrence County Sheriff’s Department responded to the scene to assist. It was there that Collins, after failing to comply with commands was tasered several times in the altercation. Officers requested EMS to respond to the police department but prior to their arrival Collins begin exhibiting signs of a medical emergency. Netcare EMS provided medical assistance and transported Collins to Three Rivers Medical Center where he later died.
Billy Joseph Collins, Jr. the natural son and administrator of the estate of Billy Collins, filed suit complaining that Steven Wilburn of the Louisa City Police is individually liable for the death of his father. His lawsuit claims that Greg Fugitt is also liable for the negligent training and supervision of Wilburn and other police officer defendant Jordan Miller. Sheriff Garrett Roberts is named in the lawsuit as he is the elected Sheriff of Lawrence County and responsible for his employees, deputies Keefer & Wilhite, and their negligent training and supervision or monitoring.
Both Roberts and Fugitt have a duty to maintain the current necessary prescribed training in regard to use of all types of force, including but not limited to the use of taser electrical conductive weapons, the lawsuit says. Fugitt allegedly breached his duty in this regard and that breach of duty was a proximate cause of the death of Billy Collins. The defendants are all jointly and severally liable as they were at all times acting together in complicity with each other without probable cause to the United States Constitution in both beating and negligent use of an electrical conductive weapon. (Tasing)
Allegedly while in the custody of the Louisa City Police Department and those other named defendants, Louisa City Police Officers and Lawrence County Sheriff’s Office deputies use of force against decedent was willful, negligent, grossly negligent, excessive and caused his death. The city of Louisa is vicariously liable under the doctrine of superior for the acts of Chief Fugitt and all of the other defendants were acting under color of law pursuant to KRS – 344. The city of Louisa is liable for their negligent training and supervision are their police officers and employees.
The plaintiff, Billy Joseph Collins as administrator of the estate of Billy Collins Jr. Demands a judgment against the defendants jointly and severely in an amount for which the proof will show tentative damages and for attorney’s fees and for a trial by jury. The Collins estate is represented by Michael Curtis of Ashland, Ky.
A Kentucky State Police investigation into the incident resulted in no indictments when taken before a Lawrence Co. grand jury six months after the incident because of “lack of evidence”. The KSP did not have autopsy results at the time the grand jury heard the evidence which included a video taken with a body camera by the police. The KSP refused to allow The Lazer to view the evidence including the video because, they said, “the autopsy is still not complete and the case is open”.
The autopsy is now complete and Collin’s son, Joe, said he will turn them over to The Lazer for publication when he gets permission from his attorneys.
The amount of insurance carried by the city and the county is not known. City Attorney Eldred “Bud” Adams and county attorney Mike Hogan were not available for comment tonight.
A lawsuit outlines only one side of a case.
