Even though a federal judge has ordered Missouri government to pay $1 million in damages to Zachary Snyder's children, it's too soon for state courts to force that payment, a three-judge panel of the state appeals court in Kansas City ruled this week.
Snyder was killed Feb. 14, 2008, as Steven R. Julian, 46, a Corrections Department fugitive investigator, attempted to detain him as a parole absconder. Julian fired his service handgun as he was preparing to handcuff Snyder, after Snyder made a sudden move and Julian thought his life was in danger.
"The issue in this case is whether (Amanda) Pryor's petition alleged facts showing that the federal court's judgment was a "final judgment' requiring payment by the (Legal Expense) Fund," Judge Lisa White Hardwick wrote for the panel, as part of an 11-page opinion. "We do not believe that the August 8, 2013, judgment, entered by the federal court after it ruled on the post-trial motions, was final for purposes of mandating payment from the Fund.
"The Attorney General appealed from that judgment, and that appeal is pending."
The appeals court's ruling came a month after the three judges heard arguments in the case during a visit to Lincoln University.
Julian was charged in Cape Girardeau County with involuntary manslaughter, but a Callaway County jury heard the case on a change of venue, deliberated for 44 minutes and found Julian not guilty.
Snyder's family then sued in U.S. District Court in Cape Girardeau, arguing for civil rights violations, wrongful death and excessive force. A federal jury in 2012 delivered a $1 million judgment against the state and for Snyder's children.
Because Julian was acting on the state's behalf, a state law requires the payments to come from the Legal Expense Fund.
When the state didn't pay, Amanda Pryor sued on behalf of the children in Cole County Circuit Court on Aug. 30, 2013.
Last February, Presiding Circuit Judge Pat Joyce upheld the state's motion to dismiss the case.
So Pryor appealed, arguing that, because the federal court's judgment was final for purposes of appeal, it was a "final judgment' for all purposes - and the Legal Expense Fund should start paying Snyder's children.
But, the court ruled Tuesday: "If plaintiffs were allowed to collect before determination of the appeal and the appeal reversed the judgment, then there would no longer be a final judgment and the State would have to seek recoupment of the funds.
"Collection by the State could be problematic depending upon what plaintiffs have done with the money in the interim."
Pryor could appeal to the state Supreme Court.