Teens shot by cop are back in school, seek compensation

Published December 24, 2008 5:00am ET



Initial headline: Wounded teens say undercover cop fired twice”

Publication date: April 11

Main players: Howard police, Hammond High School students Garcia Wilson and Dwaine Usery, defense attorney Charles Ware

Story then: Two Hammond teens were shot by an undercover Howard police officer who was conducting drug surveillance on a residence on the 8300 block of Pleasant Chase Road in Jessup. Police said two officers were attempting to question Garcia, 15, and Dwaine, 14, both of Jessup, when one officer tripped getting out of the unmarked police vehicle and his weapon accidentally discharged, striking both teens with one bullet. Garcia later told his attorney that he heard two gunshots fired — an allegation that sharply contradicts the officer’s claim.

Story now: Garcia recovered from his gunshot wound and returned to school. After an extended stay at the Johns Hopkins Children’s Center, Dwaine also returned to school. Prosecutors did not file criminal charges against either teen, who were suspected of drug activity. Both have pending lawsuits against the county demanding compensation for the medical costs.

The Police Department said the internal investigation was completed, and the officer has returned to duty after being placed on administrative leave. The department refused to release the investigation report because it’s a personnel matter.

Ware, Garcia’s attorney, said he’s worked closely with Jason Shapiro, Dwaine’s attorney, in drafting their formal demands from the county. “I don’t understand how you can do that — even if you’re Daffy Duck in a ‘Looney Toons’ cartoon — and not have liability,” Ware said.

— Carolyn Peirce