EUCLID, Ohio — The civil trial of the Euclid Police officer who shot and killed Luke Stewart in 2017 started in Cuyahoga Common Pleas Court Monday.
Stewart's mother filed a wrongful death claim against officer Matthew Rhodes. She alleges Rhodes acted “recklessly" when he shot her son. Rhodes says the shooting was justified.
It's unusual for a case like this to move forward. Under federal law, officers are protected from being personally sued by what's known as "qualified immunity.”
But Ohio law is different, and the judge had ruled this case could move forward.
"It's not going to help the wound. That's going to be there forever,” said Luke Stewart’s mother Mary Stewart, who says she has prayed for this day in court. “Hopefully, I’ll get some closure."
Rhodes's civil trial began with jury selection Monday morning.
Stewart’s wrongful death complaint alleges Rhodes was "reckless" when he shot the 23-year-old father of two.
“I think police are trying to be heroes,” Stewart said. “That's not the answer — just to take somebody's life."
The complaint states Luke Stewart was asleep in his car on South Lakeshore Boulevard in Euclid when Rhodes and another officer approached him during the early morning hours of March 13, 2017.
After knocking on his window, the complaint says Rhodes got into Stewart’s car.
When Stewart started driving away, Rhodes beat and tased him, then shot him several times, the complaint states.
Rhodes told BCI investigators Stewart fought back, refused to pull over, and that he feared for his life.
A federal judge dismissed the case she filed in U.S. District Court after finding the shooting was justified.
A Cuyahoga County grand jury also declined to press criminal charges against the officer.
Mary Stewart says this trial is her last chance for justice.
“I loved him very, very much,” Stewart said about her son.
Rhodes’s attorneys declined to speak to News 5 Monday. The trial is expected to last for one week and wrap up next Monday.
Watch our related report from 2017 below:
RELATED: Family of Luke Stewart to talk about Euclid officer not being charged
Download the News 5 Cleveland app now for more stories from us, plus alerts on major news, the latest weather forecast, traffic information and much more. Download now on your Apple device here, and your Android device here.
You can also catch News 5 Cleveland on Roku, Apple TV, Amazon Fire TV, YouTube TV, DIRECTV NOW, Hulu Live and more. We're also on Amazon Alexa devices. Learn more about our streaming options here.
