EAST CLEVELAND, OH (WOIO) - The family of a man who was struck and killed by an East Cleveland police cruiser is suing the officer and the city.
Back in October 2015, a police officer was on his way responding to an accident, when his cruiser hit and killed Christopher Kimble near Superior Avenue and Emily Street.
"He was just crossing the street, like nothing at all happened," said L.J. Moore, Kimble's uncle. "This man needs to be punished."
While no criminal charges have been filed against him, Officer Kyle Pettus is now suspended from the East Cleveland Police Department without pay.
The lawsuit was filed on Feb. 12 by the victim's mother, Latoya Ceasor, who is administrator of the 22-year-old's estate.
The suit accuses Pettus of driving too fast through an intersection that is frequented by pedestrians, as well as driving without lights or sirens. It also mentions that the police cruiser only had one working headlight.
"I haven't seen a toxicology test. I want phone records to see if he was texting while driving," said Moore.
The complaint says the city failed to maintain the intersection with broken crosswalk signals and painted crosswalks that were faded and difficult to see. The suit also calls the city negligent and reckless for not properly training its officers.
They are seeking $25,000 in damages and have requested a trial by jury.
So far, the officer and the city of East Cleveland have not been found liable for Kimble's death.
The city's only response to the lawsuit from Mayor Gary Norton was, "My deepest condolences to the family."
"Now they are trying to paint a derogatory picture of my nephew. He was not a criminal. They were not pursuing him. He was crossing the street in the crosswalk. He was not jaywalking. Let's not paint this picture, and just man up and be who you gonna be," said Moore.
Read the entire lawsuit below:
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