EUCLID, Ohio — It was an emotional day of testimony in the trial of a Euclid police officer sued for wrongful death. That officer took the witness stand in uniform today, testifying about the moment he shot and killed a 23-year-old man.
Mary Stewart fought through tears as she testified about the loss of her son, Luke Stewart, in March 2017.
“No Christmases, no birthdays, no nothing. It's just not right. My son should be here,” Stewart said.
Instead, Luke Stewart is dead. Shot and killed by Officer Mathew Rhodes five-and-a-half years ago.
A shooting his mother claims was reckless and negligent, according to the wrongful death lawsuit she filed.
It all started on March 13, 2017.
Someone reported a suspicious car outside a home on South Lakeside Boulevard in Euclid. Inside, police say they found Stewart asleep. Investigators say they tried getting Stewart out of the car, believing he was under the influence.
In the process, Rhodes ended up inside Stewart’s car as the 23-year-old tried to drive away.
“He's shocked awake in the dark by officers who don't announce themselves, and his first instance when he wakes up out of his sleep is to get away from whatever is happening,” said Sarah Gelsomino, the attorney for the Stewart family.
Inside the car, with Stewart behind the wheel, there was a struggle. Rhodes used a taser, but says it wasn't effective. He hit Stewart, but the officer said it didn’t stop him. That's when Rhodes pulled his gun and fired four times.
“As they were proceeding down East 222nd Street, Officer Rhodes saw the car speeding up, saw the telephone poles going by and was in fear that if they hit a pole, as Mr. Stewart had just driven around, he was going to be thrown through the windshield and seriously injured or killed,” said Rhodes' attorney, James Climer.
But in court, attorneys for Stewart's family attacked that claim playing a recording of Rhodes statement to BCI investigators where Rhodes himself admitted the officer shifted the car into neutral before the deadly shooting.
A grand jury declined to file criminal charges against Rhodes for the shooting. And today Rhodes testified he was promoted to the rank of sergeant earlier this year by Euclid police. Testimony in this civil trial is expected to resume tomorrow.
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