DENVER — As people protested and rioted in Denver streets in 2020, Jax Feldman said he was just walking home and not part of the protests when an officer shot him in the eye with a pepper ball, unprovoked.
Feldman lost his left eye. Now, the Denver City Council has approved a $2.3 million settlement with him.
The settlement could be the largest individual settlement among multiple people who came forward and claimed substantial injuries like eye damage and skull fractures because of police excessive force during the George Floyd protests in Denver.
According to the lawsuit, on May 30, 2020, Feldman “was transported from the scene to Denver Health Medical Center where doctors performed emergency surgery on his left eye, determined that the eye would not regain functionality, and that it would eventually have to be removed from its socket.”
The lawsuit, filed by attorney Birk Baumgartner, said Feldman saw police shooting at protesters that night and told a group of officers, “We’re all American,” prompting one of the officers to fire the pepper ball at his face.
Feldman was 21 years old at the time and planning on pursuing a career in culinary and visual arts.
Several months after his injury, he gave an interview to 9NEWS.
“Everything’s harder," Feldman said in the interview from 2020. "I’m vulnerable on my left side. Anybody can walk up to me and do anything they want. I’m very vulnerable."
The Denver Police Department provided the following statement in response to a 9NEWS request for comment on the settlement:
The Denver protests in the aftermath of George Floyd’s murder were unprecedented – the city had never seen that level of sustained violence and destruction before. We were prepared for a worst-case scenario, but we weren’t fully prepared for what transpired. Unfortunately, Denver Police Department officers and other law enforcement officers responding to assist encountered extreme destructive behavior from some agitators among largely peaceful protestors.
Following the protests, the Department of Safety and DPD reflected on how we fell short, where we could improve, and how we can better support our community moving forward. Based upon what we learned, we made specific changes to how the Department will respond if protests erupt in violence in the future, and those changes include:
- We eliminated the use of 40 mm less lethal equipment for purposes of crowd control.
- We changed the way officers are permitted to use pepper balls for purposes of crowd management.
- Less lethal equipment training enhanced to help ensure appropriate use in crowd control settings and understanding of commands.
- All officers have received additional training on crowd control response and rapid deployment vehicle tactics.
We will continue evaluating our policies and training to ensure we are using best practices identified by law enforcement throughout the country to best protect peaceful demonstrators while addressing those who engage in violence.
If you have any information about this story or would like to send a news tip, you can contact jeremy@9news.com.
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