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PORTLAND, Ore. (AP) — The city of Portland is poised to pay $2 million to the family of a teen suspected in an armed robbery and attempted carjacking who was shot and killed by police four years ago.

Deputy City Attorney Daniel Simon, in a signed statement to a federal judge this month, acknowledged the parties in the civil rights lawsuit had reached a settlement, The Oregonian/OregonLive reported.

Lawyers for Quanice Hayes’ family argued that Hayes, 17, was not a threat when killed on Feb. 9, 2017 while on his knees unarmed and moving forward in an effort to lie prone on the ground in response to officer commands.

The lawsuit contends police acted unreasonably with excessive force when Officer Andrew Hearst shot Hayes three times with an AR-15 rifle after police confronted Hayes outside a Portland home.

“This case was always about getting answers,” said attorneys J. Ashlee Albies and Jesse Merrithew, who represented Hayes’ family, in a statement.

“We know that Quanice Hayes was shot while he was surrendering to the police. We also know that the City of Portland will never admit their fault, and we know that Andrew Hearst will never be punished for his conduct ... We remain hopeful that the protests in the streets will force this city to enact a meaningful system of accountability.”

Officers had discovered Hayes and ordered him to keep his hands up and crawl toward officers on the driveway. When Hayes appeared to reach toward his waistband, Hearst said he fired, killing Hayes.

The plaintiff’s expert, forensic biomechanical engineer Jesse L. Wobrock would have testified that Hayes was on his knees, his head and neck bent forward, and his torso leaning slightly forward to comply with officers’ orders to “go down to his face,” when Hearst fired, according to case documents.

Hayes likely moved his hand to the ground to help him lie prone, Wobrock’s written opinion said.

The city’s expert, Matthew Noedel, in written documents claimed Wobrock’s theory that Hayes was complying with police orders to move prone on the ground went beyond what data could show.

Although Hearst never saw that Hayes had a gun, he testified before a county grand jury that he was convinced that Hayes had one because a witness described a gun used in the robbery and because Hearst had heard that the suspect had run, holding his waistband, from another officer earlier.

A replica air pistol was found in a flower bed about two feet (0.6 meters) from Hayes’ body, a lead detective testified.

The teen's death increased tensions between police and members of the African American community after the grand jury found no criminal wrongdoing by officers.

The $2.095 million negotiated settlement must be approved by City Council.

Copyright 2021 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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Two Charged in Fatal North Carolina Shooting That Injured 3

CARY, N.C. (AP) — Two men have been arrested in a shooting in which one person was killed and three others were wounded, police in North Carolina said Thursday.

Cary police announced that Giovanni Ramirez, 24, of Durham was charged with assault with a deadly weapon with intent to kill inflicting serious injury after the shooting on Feb. 13, WNCN reported.

Police also arrested Juan Manuel Calvo-Hernandez, 21, of Cary on Feb. 17 and charged him with murder.

Officers responding to a call found Eric Hernan Salas-Nepomuceno, 22, of Durham in the parking lot of a bar with a gunshot wound. Police said he died at the scene. Two of the other three shooting victims have been released from the hospital, but a third remained hospitalized as of last week and police provided no update on their condition.

Authorities believe the shooting was related to an exchange at the bar that led to violence.

Cary police had no information on Ramirez on Thursday, and it's not known if Calvo-Hernandez has an attorney.

Copyright 2021 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Tags: North Carolina, Associated Press

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