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Title: Judge Allows Suit to Proceed Against FBI Agent Who Shot Maryland Man
Source: TBO
URL Source: http://ap.tbo.com/ap/breaking/MGBKDD4OO8E.html
Published: May 13, 2005
Author: Brian Witte
Post Date: 2005-05-13 13:57:15 by Mr Nuke Buzzcut
Keywords: Maryland, Proceed, Against
Views: 4

Judge Allows Suit to Proceed Against FBI Agent Who Shot [innocent] Maryland Man

By Brian Witte Associated Press Writer
Published: May 13, 2005

BALTIMORE (AP) - An unarmed man who was shot in the face after agents mistook him for a bank robber will be allowed to proceed with a $10 million lawsuit against the FBI agent who fired the gun.

U.S. District Judge J. Frederick Motz ruled Thursday that the case against Special Agent Christopher Braga should go to trial.

"We live in a country where we're responsible for our actions whether we're government agents or not," Motz said.

Braga shot 23-year-old Joseph Schultz three years ago after agents searching for a bank robber mistakenly stopped the car being driven by Kristen Harkum, his girlfriend at the time.

The judge asked repeated questions about orders given to Schultz by agents outside the stopped car that may have created confusing circumstances. Braga has said that he fired when Schultz appeared to reach for his waist, as if to pull out a weapon. But Schultz said he was trying to comply with the agents' order to unlock his door and get out of the car.

Susan Amiot, an attorney representing Braga, emphasized that the agent only had a "split second" to make a difficult decision. She also said agents believed they were up against a homicidal, suicidal, drug-addicted bank robber.

The trial is scheduled for June 6. Attorneys for Braga said they haven't decided whether to appeal the case.

A tipster had told FBI agents on the day of the shooting to look out for a man suspected of driving the getaway vehicle in a Pasadena bank robbery.

Schultz suffered injuries to his head and underwent reconstructive surgery. According to his suit, he suffers from "severe emotional and psychological injuries."

Braga deserves life in prison without possibility of parole.

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