CLEVELAND — The partner of a Euclid police officer took the stand in his civil trial Wednesday.
Officer Louis Catalani testified that he never identified himself as a police officer when he approached Luke Stewart, 23, during the early morning hours of March 13, 2017.
Officer Matthew Rhodes also testified that he didn't identify himself as a police officer when he and Catalani approached Stewart, who was asleep inside a car on South Lakeshore Boulevard.
After Stewart awoke, they testified he began driving away.
Catalani said "it scared the s*** out of him," when he realized his partner was in the car with Stewart. "Being in a car you don't have control of is a terrible position to be in."
Rhodes testified that he put the vehicle in neutral, tasered and hit Stewart, but Stewart didn't stop driving.
Rhodes then said that he was afraid the vehicle would crash and he would be seriously injured or killed, so he decided to use deadly force.
"I fired three rounds into Mr. Stewart's chest," Rhodes testified. "I raised my firearm and fired another round in his neck."
Rhodes is being sued for wrongful death by Stewart's mother, Mary. In her lawsuit, she alleges Rhodes acted "recklessly" when he killed her son.
Melvin Tucker, a police expert hired by Stewart, testified that Rhodes should not have entered the car and that his decision to do so contributed to Stewart's death.
"That's a total disregard of training and protocol and the officer should have known that kind of risk existed," Tucker testified.
Stewart's siblings, Tony and Terra, also testified Wednesday. They said they were close to their little brother and are still devastated by his death.
"I feel like a piece of me is missing," Terra Stewart said.
A grand jury declined to press criminal charges against Rhodes.
Testimony in his civil trial is expected to wrap up Thursday.
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