THE TEMPORAL FRONT: BSU must fight McKinney lawsuit, refuse to settle

I wasn't going to say anything.

After Michael McKinney was shot on Nov. 8, 2003, I remained silent in this forum. Now, the family of Michael McKinney has given me no other choice.

As you are probably aware, Michael was shot four times while coming toward a police officer with his arms flailing. He refused to stop when the officer identified himself. McKinney was intoxicated at three times the legal limit for automobile operation. Now the McKinney family has decided that Michael's life is worth $100 million. I find this lawsuit appalling for a number of reasons.

First is the nature of the events leading up to Nov. 8, 2003. I have to honestly ask the question: Where were McKinney's parents during the years leading up to his death? I know that college students are heavy drinkers, and I surely have done my fair share of consuming alcohol, but to be intoxicated at 0.34 BAC?

Didn't the McKinney's ever instill in Michael that this kind of drinking is unacceptable, no matter what the forum it is taking place in? McKinney had received two prior citations for public intoxication; I know that if I had one citation (let alone two), my father would have made my life a living hell because my parents expect a certain level of dignity and common sense from me. The family bears some responsibility for McKinney's death, but don't expect many people to say it.

The second thing that I find appalling about this lawsuit is the fact that it is being filed at all. The Delaware County prosecutor held a grand jury hearing into whether Officer Robert Duplain killed McKinney out of malice or acted inappropriately. The grand jury cleared Duplain of any wrongdoing. The McKinney family has shown no proof that this hearing was "fixed" or impartial in its findings. They have, however, circulated rumors that the entire thing was a sham set up to protect a police officer.

The third factor, and possibly the most disgusting of all, is the amount of money being asked for by the McKinney family. When compared to the $6,000 death benefit given to our fighting personnel who risk their lives to protect our country, it will honestly make you want to vomit. These brave young men and women risk their lives, not in a drunken mishap but to defend freedom. Even the victims of Sept. 11, 2001 received only an average of $1.65 million. I found that to be an inflated number at the time, but I had no idea that the parents of a drunken college student would make that number seem sensible.

I want Ball State to fight this horrible injustice. I, as a taxpayer and a student, would rather see the university and its trustees spend $100 million on defending the university from such a flagrant and ridiculous lawsuit than to provide one dime to the McKinney family.

I'm taking a stand. I will be contacting the Alumni Association and the president's office to inform them: If the university does not fight this with all of their abilities, or chooses to settle out of court, I will choose never to donate any money to this university in any form. I encourage students who feel the same to take the time to contact the appropriate officials.

Let them know where you stand.

Write to Russell at rlg@temporalfront.com


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