FAMILY FILES $6 MILLION SUIT THAT MAYOR SAYS COULD BANKRUPT CAIRO

CAIRO, Ill. -- Cairo city officials this week will discuss a $6 million lawsuit that has been filed against the city by family members of a 25-year-old black man who was shot to death by a white Cairo policeman in December of 1991.

"We'll have to use everything at our disposal to win this suit," said Cairo Mayor James Wilson. "A $6 million bill would totally destroy Cairo. We would be bankrupt."

Wilson said the city did not have police liability insurance at the time of the shooting. Insurance has since been purchased.

"We operate here with a balanced budget, but we don't have anything in reserves," said the mayor. "If we had a judgment for $10,000 we couldn't pay it."

The suit, filed in federal court in Benton, Ill., alleges that Roy Lee Jones' civil rights were violated on Dec. 30, 1991, when Jones was beaten and shot by police officer John McDonald, following a scuffle in a grocery store parking lot.

The lawsuit alleges that police officers would not have treated Jones as they did had he been white, said Marion attorney Victor R. Cook, who is representing the Jones family.

The suit will be the primary topic of discussion during a Tuesday meeting here.

"We'll discuss hiring some attorneys to put together a defense for the city," added Wilson. "This in itself could be expensive."

Jim Flummer is city attorney, and Byron "Connie" Connell Jr. represents the Fire and Police Board. "We'll probably wind up hiring at least two additional attorneys," said Wilson.

Named in the suit as defendants are McDonald; his superior, Cpl. Calvin Box, who is black; former police chief, Burl E. Pickett and the city's Board of Fire and Police Commissioners.

Jones' parents, Percy and Erma Jones of Unity along with his five sisters and two brothers are listed as plaintiffs.

"We don't want to bankrupt Cairo," said Cook. "The purpose of our civil rights laws are in part to compensate people for the loss that they have experienced. But the principal reason for their existence is to deter further wrongdoing. That's the thrust of this lawsuit."

Cook added that the family wanted a frank acknowledgement of error and a statement that such an incident won't happen to anyone, or their family, again.

"The money is a secondary consideration," he said. "This thing could be settled out of court, on terms that the city can afford."

"The city could start with an apology," added Cook, who added that the Jones are business owners in Cairo.

"The suit came as no surprise," said Wilson.

Mrs. Jones had indicated to news media during the McDonald trial that a suit would be filed.

McDonald was convicted of second-degree murder and aggravated assault by a Williamson County jury in July, and was sentenced to 10 years in prison.

Jones died after he was struck in the back by the last of 14 shots fired by McDonald.

The lawsuit claims that Pickett and Box were aware of McDonald's "vicious temperament," and that Box either failed to restrain, or aided and abetted McDonald.

The complaint further alleges that the abuse that Jones suffered "was consistent with an institutionalized practice" of the Cairo Police Department that Pickett, the police commissioners and city officials knew about and ratified with deliberate indifference to the rights of citizens."

The defendants are accused of failing to properly discipline, restrict and control employees, including McDonald and Box; failing to take adequate precautions in the hiring, promotion and retention of police personnel and failure to forward to the Alexander State's Attorney's office "evidence of criminal acts committed by police personnel."

The suit also accuses the defendants of failing to establish a "bona fide and meaningful" system of dealing with complaints of police misconduct, and that the city does not adequately train police officers.