TAMPA, Fla. — The family of a 23-year-old man who was hit and killed two years ago has filed a wrongful death lawsuit against a Tampa police officer and the city.
Dusharn Weems' family said Officer Brian Kremler used excessive force when he "intentionally" hit Weems while trying to arrest him, according to the lawsuit.
Tampa police spokesperson Stephen Hegarty said the department does not comment on pending litigation.
Police said Weems was driving a stolen car on Oct. 20, 2017, when officers tried to stop him at 30th Street and Bougainvillea in Tampa. Officers said Weems pulled into a parking spot at a dollar store and got out of the car.
According to the lawsuit, another officer drew his gun and pointed it at Weems as he got out of the car. When the officer told Weems to turn off the car, investigators say Weems put it into reverse or neutral, which caused the car to roll back into the officer's patrol car.
Weems then got back into the car and drove away, being pursued by three officers, including Kremler, in separate police cruisers.
The lawsuit says Weems got out of the car at a traffic light at 30th Street and Busch Boulevard, running into a nearby parking lot carrying "a green bag or piece of clothing."
Then, the lawsuit claims Kremler pursued Weems in the parking lot and "purposely steered into Weems' path of travel."
One of the officers at the scene said he heard "a loud noise" when Kremler hit Weems and that he saw Weems "stuck underneath" the police car," according to the lawsuit.
Weems died four days later. A Hillsborough Medical Examiner said he died from blunt force trauma to the head that caused a skull fracture and contusions and lacerations to his brain.
The lawsuit says Weems was not a threat to officers at the time and that he was not carrying any weapons, just a Crown Royal bag.
The Hillsborough State Attorney's Office ruled in February 2018 that Weems' death was an accident. No criminal charges were filed against Kremler. the office said the death "occurred during the law pursuit of Mr. Weems by Officer Kremler" and other officers.
An internal investigation into the incident concluded Kremler "accidentally struck (Weems) who ran into the passenger side front quarter panel of the marked unit."
The Tampa police investigation looked into whether Kremler followed policies related to operating his patrol car. It found no violations.
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