A federal judge Monday lifted a stay on a lawsuit accusing a Foley police officer of improperly shooting an unarmed man in 2019.
That case had been on hold pending resolution of criminal charges against the plaintiff, James Walker Stewart. But Stewart pleaded guilty last month to attempting to elude police and drug possession. A Baldwin County judge sentenced him to a year and a day in prison, with another seven years and a month suspended.
Notwithstanding those criminal convictions, Stewart argues that Officer Bryant Nelson had no justification for shooting him in the back as he was running away after a traffic stop. The shooting left Stewart paralyzed. “My opinion is that the plea to those charges does not obviate the allegation in the civil suit at all,” said his attorney, Josh Briskman.
The incident occurred on Dec. 1, 2019. The lawsuit alleges that Stewart was running away when Nelson fired and struck the Stapleton man in the back. Among the criminal charges filed against Nelson was second-degree assault. The criminal complaint accused Stewart of fighting with the officer – kicking and chocking him – and trying to wrestle away his service revolver.Download the FOX10 Weather App. Get life-saving severe weather warnings and alerts for your location no matter where you are. Available free in the
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