Jackson, MS: Suit against Jackson police in 2007 killing to proceed

A judge has refused to throw out a lawsuit against the Jackson Police Department over the 2007 shooting death of a woman by her ex-boyfriend.

Family members of Doris Shavers said they called police twice before Henry Lee Phillips killed her. They said officers didn't arrest or take Phillips' weapons on the first visit and on the second visit left him with the .380-caliber gun used to kill Shavers.

In 2009, Phillips, now 54, pleaded guilty to murder for killing the 40-year-old woman, and was sentenced to life in prison.

The lawsuit is set for trial on Sept. 26. In addition to the Police Department, Shavers' family also is suing six unnamed officers.

In a one-page order, Hinds County Circuit Judge Winston Kidd said it is best to allow the judicial process to continue in the case.

Deputy City Attorney Kimberly Banks said in court papers that the state Supreme Court has held that failure to make an arrest for domestic violence doesn't constitute reckless disregard.

"The city of Jackson and its police officers are liable (under state law) only for acts of reckless disregard of the safety and well-being," Banks said.

But Shavers' family attorney, Dennis Sweet, said in court papers it isn't important whether the city feels the acts or omissions of its officers didn't rise to the level of reckless disregard.

"It is the court, not the city, who gets the opportunity to make such a determination," Sweet said.

Family members said they blame officers for not taking all of Phillips' weapons that night.

The September 2007 killing occurred at Shavers' Ludlow Street home. Shavers was combing her then-12-year-old daughter's hair when the shooting occurred.

"The devil took me and stole everything I cared about, including Ms. Shavers," Phillips said during his guilty plea and sentencing.

Although they had broken off their personal relationship of about four years at the time of the shooting, Phillips was still living in Shavers' house. Family members said Shavers allowed Phillips to remain there because he had hurt his foot.