A federal judge has approved a $250,000 settlement agreement between Suffolk County and a Holtsville man who was shot dead by a police officer after dragging the officer during a traffic stop in January 2017, court filings show.
U.S. District Court Judge Frederic Block on Monday approved the settlement of the civil lawsuit filed by Michael Shear, 39, against Suffolk County and four officers involved in the traffic delay. The district has admitted no wrongdoing in the settlement, and Shear has agreed to release all claims related to the lawsuit, according to settlement documents filed in the Eastern District Court of New York.
Shear filed a lawsuit in June 2018, alleging that police used excessive force when he was shot in the shoulder with a taser by officers following a traffic stop that led to a police pursuit after he fled the scene was shot and beaten, kicked and beaten with a baton. In the lawsuit, filed by attorneys at Liakas Law in New York, he also alleged that the county failed to properly train officials and properly investigate complaints of wrongdoing from citizens.
“Mr. Shear looks forward to closing a difficult chapter in his life that began when he was shot dead by Suffolk County Police in January 2017,” his attorney Cassandra Rohme said in a statement.
Shear was stopped on January 15, 2017 after police officer Gregory Sandbichler saw him on Waverly Avenue in Patchogue, Suffolk County prosecutors said during his 2018 trial. After noticing the smell of alcohol and slurred speech, Sandbichler pleaded with Shear to get out of his vehicle, but he declined, prosecutors said in court.
Shear started the engine and began driving, so Sandbichler took his taser and leaned into the moving car to shock Shear, prosecutors told jurors in 2018. But Shear continued to drive, dragging Sandbichler with him until the officer fell free .
Police chased Shear nearly to the Sunrise Highway before stopping him, prosecutors in court said. Sandbichler then saw Shear point an object at him, so he shot him. Shear’s blood alcohol level was later tested at 0.22%, nearly three times the legal limit, prosecutors said at the time.
Shear, who had been charged with four previous trips or boat trips while intoxicated, was serving a year in prison after being convicted in court on a DWI charge. He was acquitted of a second-degree assault charge for dragging the officer, which could have resulted in seven years in prison. Jurors who cleared Shear of the assault said it was unclear what happened between the two men in the moments before Shear drove off.
The settlement agreement was approved by Suffolk County’s Ways and Means Committee last month and was submitted to Block for approval Monday.
Suffolk County officials did not respond to a request for comment.
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