Drizzt
April 21, 2003, 11:31 AM
Convicted Criminal Sues Woman Who Shot Him During Pursuit
Sat, Apr 19, 2003
By Lana F. Flowers
BENTONVILLE -- A convicted criminal, behind bars after fleeing from police and trying to break into two Springdale businesses, is suing a woman who shot him as he fled after the crimes.
Fayetteville attorney Michael Lea filed the civil lawsuit on behalf of Kenneth John Lewis, 24, formerly of Springdale, on Friday. The lawsuit, filed in Benton County Circuit Court, names Nina Baugh as the sole defendant and asks her to pay Lewis nearly $140,000 in damages.
Lewis is being held in the Benton County Jail until he can be taken to state prison. He pleaded guilty in January to commercial burglary and aggravated assault, both felonies. Circuit Judge David Clinger sentenced Lewis to 12 years in prison for the crimes.
According to a probable-cause affidavit, the owners of Hobo Joe's Pawn Shop in Springdale were notified early Sept. 1 that an alarm had been activated at the pawn shop. They went to the shop and noticed that a window had been broken out and two doors pried, although entry was not gained. The owners, Joe and Nina Baugh, said that as they were leaving that business they noticed a vehicle nearby at Heritage Mobile Home Sales.
The Baughs followed the car and apparently phoned police saying they were pursuing a car they thought the burglary suspect was driving, the affidavit said. The couple told police that at one point the suspect stopped and turned the vehicle as if to strike the shop owners' car, but then Nina Baugh, who was carrying a .22-caliber handgun, fired shots at the other car, according to the affidavit.
Police instructed the Baughs to stop their chase and Springdale police began pursuit. The vehicle eventually headed north and officers pursued the car through Lowell, Rogers and rural Benton County and into Cassville, Mo., where stop sticks were employed.
Lewis' arm was wounded during the incident.
Lewis' lawsuit states that Nina Baugh "willfully, maliciously, and without any just cause or provocation ... violently assaulted and battered (Lewis) by repeatedly discharging a firearm with the intention of shooting (Lewis), causing him to be struck in the arm by a bullet ..."
Lewis claims he has medical and hospital expenses of $4,913, and will have more medical expenses in the future.
In addition, Lewis seeks $15,000 in damages for "great bodily pain and discomfort."
He also asks the court to order Baugh to pay $120,000 in punitive damages to punish Baugh for her alleged actions.
http://www.nwaonline.net/297472085902178.bsp
Sat, Apr 19, 2003
By Lana F. Flowers
BENTONVILLE -- A convicted criminal, behind bars after fleeing from police and trying to break into two Springdale businesses, is suing a woman who shot him as he fled after the crimes.
Fayetteville attorney Michael Lea filed the civil lawsuit on behalf of Kenneth John Lewis, 24, formerly of Springdale, on Friday. The lawsuit, filed in Benton County Circuit Court, names Nina Baugh as the sole defendant and asks her to pay Lewis nearly $140,000 in damages.
Lewis is being held in the Benton County Jail until he can be taken to state prison. He pleaded guilty in January to commercial burglary and aggravated assault, both felonies. Circuit Judge David Clinger sentenced Lewis to 12 years in prison for the crimes.
According to a probable-cause affidavit, the owners of Hobo Joe's Pawn Shop in Springdale were notified early Sept. 1 that an alarm had been activated at the pawn shop. They went to the shop and noticed that a window had been broken out and two doors pried, although entry was not gained. The owners, Joe and Nina Baugh, said that as they were leaving that business they noticed a vehicle nearby at Heritage Mobile Home Sales.
The Baughs followed the car and apparently phoned police saying they were pursuing a car they thought the burglary suspect was driving, the affidavit said. The couple told police that at one point the suspect stopped and turned the vehicle as if to strike the shop owners' car, but then Nina Baugh, who was carrying a .22-caliber handgun, fired shots at the other car, according to the affidavit.
Police instructed the Baughs to stop their chase and Springdale police began pursuit. The vehicle eventually headed north and officers pursued the car through Lowell, Rogers and rural Benton County and into Cassville, Mo., where stop sticks were employed.
Lewis' arm was wounded during the incident.
Lewis' lawsuit states that Nina Baugh "willfully, maliciously, and without any just cause or provocation ... violently assaulted and battered (Lewis) by repeatedly discharging a firearm with the intention of shooting (Lewis), causing him to be struck in the arm by a bullet ..."
Lewis claims he has medical and hospital expenses of $4,913, and will have more medical expenses in the future.
In addition, Lewis seeks $15,000 in damages for "great bodily pain and discomfort."
He also asks the court to order Baugh to pay $120,000 in punitive damages to punish Baugh for her alleged actions.
http://www.nwaonline.net/297472085902178.bsp