City pays widow of slain man

Wilmington paid $875,000 to settle a lawsuit filed by the widow of a decorated former Marine who was fatally shot more than four years ago by police investigating the Pagans Motorcycle Club, according to documents filed Friday in federal court.

Hale, a 25-year-old former Marine and member of the Pagans Motorcycle Club from Virginia, was sitting on the steps of another club member's Wilmington home when police surrounded him and stunned him with Taser guns before shooting him. Officers found a pocket knife and pepper spray in Hale's pants pockets after the shooting, although Hale did not display either weapon.

Witnesses including Fred Mixson, a contractor who was working next door, told The News Journal that Hale was seated, had just vomited and was shaking violently from three Taser blasts when he was killed. Mixson also said Hale posed no threat when Lt. William Browne shot him in the chest with three .40-caliber rounds.

According to the city's version released by communications director John Rago, state and Wilmington police were conducting surveillance in the 1400 block of W. Sixth St. when they saw Hale helping a woman load items from his friend's house into her car. There were no criminal charges against Hale, but police considered him a "person of interest" in their investigation into the club.

Officers were concerned that Hale would take the woman and her children hostage and decided to arrest him if he was seen alone outside the house, the city's statement said.

When officers got word Hale was on the steps, state and city police approached him shouting, "Police," and "Show us your hands," according to the city's account.

Hale was seated on a ledge next to the steps, with his hands in the front pocket of his hooded sweatshirt. He stood up and his hands were still concealed when officers approached, city officials said.

Witnesses at the time told The News Journal that Hale was chatting with the woman and two children at the top of a stoop. He remained seated on the third step from the top when officers approached, they said.

After the woman and children were out of the way, officers warned Hale a stun gun would be used if he did not show his hands, the city said. An officer fired his Taser but one of the two probes missed. A second officer then fired his Taser, hitting Hale's clothing but not penetrating his skin. Hale experienced some effect that caused him to rock back on the ledge on which he had been seated.

A Taser fires two probes simultaneously. One probe conducts a positive charge, while the second conducts a negative charge. If both make -- and maintain -- contact, about 1,200 volts will run through the body. If not, no electricity will be discharged, the city said.

When the effects seemed to be wearing off, a third Taser was fired at Hale, causing him to sit up -- or stand up, according to some accounts -- with his hands still in the pocket of his sweatshirt, according to police and civilian witnesses interviewed by Wilmington police, city officials said.