The Michael McKinney ordeal began writing another emotional chapter this past week as the McKinney family filed a $100 million lawsuit. The chosen attack dog in lawyer's clothing, Geoffrey Fieger, immediately began pointing fingers and declaring Duplain a murderer. Duplain was also accused of violating McKinney's civil and constitutional rights.
What stunned most wasn't the lawsuit, but the amount of money specified. The McKinney family responded by saying that it wasn't about the money; it was about justice. Veiled behind those words is a deeper implication.
Duplain has been cleared of criminal charges by a grand jury. Therefore, the lawsuit can only serve one purpose: to inflict punishment on Robert Duplain. However, if the McKinney family wants to truly punish Duplain, the lawsuit won't do it.
They need to leave him alone.
Put yourself in Duplain's shoes. Try to imagine what has been going through his head since that night. Duplain found himself in an impossible situation that has wrecked his life, as well as that of a whole family.
Duplain was responding to a burglary-in-progress call at a residence. He and his partner had to assume the worst, because someone does not try to enter a residence without hostile intentions.
When he arrived, he and his partner split up to find the assailant. Duplain was the first one to reach McKinney. He identified himself and told McKinney to freeze. According to corroborated accounts, McKinney turned, growled and charged Duplain from 15 feet away. The ending was tragic.
Put yourself in Duplain's shoes. He had no idea an inebriated McKinney was at the wrong house, and McKinney didn't give him time to find out. All he knew was he was facing someone who was potentially entering a house illegally, and then he got rushed. Duplain had maybe two seconds to figure out what to do.
Many have played Monday-morning quarterback and excoriated Duplain for his actions. Duplain didn't have that luxury; he had to first-guess, not second-guess. Put yourself in his place. What would you have done?
Duplain had no intention of killing McKinney. Evidence and witnesses note he did not shoot until McKinney was upon him, indicating he hesitated to use force until the very end. Only when he felt his life was in danger did he pull the trigger.
Duplain now has to live the rest of his life with the horror that he killed an innocent man. He has permanently entered the most excruciating of prisons: the prison of the mind. It is a stain on his conscience he'll never be able to scrub off. It is the ultimate punishment, because no matter where he goes, the memory remains.
There is no greater punishment than to have an unintentional death on one's conscience.
No amount of money will buy away the pain the McKinney family feels. No amount of apologizing by Duplain will bring Michael McKinney back. No amount of grandstanding by Fieger will bring criminal guilt against Duplain, because civil suits only determine liability. No amount of effort by Duplain will erase the horror of his actions.
It is time to end this ordeal. It needs to end so the McKinney family can begin to heal and Duplain can try to find some peace.
Write to Jeff at mannedarena@yahoo.com
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