Tuesday, January 6th, 2015
Suit settled in fatal shooting by police officer
By Kathy Thompson
CELINA - The city's insurance company recently agreed in federal court to pay $800,000 to the family of a man shot and killed by a Celina police officer in April 2013.
The wrongful death lawsuit against the city of Celina and former police officer Andy Regedanz was settled late last month in U.S. District Court, Northern District of Ohio. The case was filed by the family of Robert Hensley, 39, of St. Marys, who was shot by Regedanz at a car dealership along East Market Street.
Despite the court settlement, city officials maintain no liability in the shooting and claim Regedanz is innocent of any wrongdoing.
"We are not admitting Officer Regedanz did anything wrong," mayor Jeff Hazel said. "This was settled by our insurance company and attorneys. We are saddened by the death of Mr. Hensley, but our officer did nothing wrong at the time."
Hazel noted the city will not pay the settlement from its coffers.
"This money will not be coming from the general fund, any other fund or the taxpayers' dollars," he said.
According to the settlement, the Hensleys' attorneys, Charles Boyk of Toledo and Alphonse Gerhardstein of Cincinnati, received $320,000 for services and $32,461 as reimbursement for fees. Robert Hensley's parents, Mary and Larry Hensley of St. Marys, each received $123,769, and Hensley's brother, Aaron Hensley of St. Marys, and sister, Nicole Freeman of Celina, each received $100,000.
The city's attorneys, Lynette Dinkler and Jamey Pregon of Dayton, could not be reached for comment. Regedanz when contacted refused to comment.
The lawsuit claimed Regedanz, a 12-year veteran of the police department at the time of the shooting, used unreasonable force and acted "negligently, recklessly and with deliberate indifference to the safety and rights of Hensley" and the city did not "adequately provide training to officers regarding use of force, which in turn caused Hensley's death," the document stated.
The lawsuit also noted the city did not discipline Regedanz for his role in the shooting.
A Mercer County grand jury in May 2013 found Regedanz justified and reasonable in his actions. Regedanz resigned from the police force in October 2013 after being arrested in Van Wert County for operating a vehicle while impaired. The city was informed he could not be insured.
Part of the settlement recommends officers wear body cameras; Celina Police Chief Tom Wale said all his officers already comply. Also requested was a review of the police department's policy and procedures, which has been completed, Wale added.
Regedanz, as a condition of the settlement, cannot be reinstated as a police officer for the Celina department.
Larry Hensley said he is pleased with the settlement and thanked the city for changing some policies.
"I just hope a tragedy like losing my son, Robert, who we miss every single day, never has to happen again," he told The Daily Standard.
Gerhardstein said he commends the city for responding to the family with sensitivity and transparency.
"Our settlement and the reforms under way are good both for the family and the city of Celina," the attorney said.
Wale stressed that neither the city nor his department found any fault with Regendanz's actions during the fatal incident.
"What actions Andy took regarding Mr. Hensley was in the course of his duties. There was no violation of policy found by either this office, the Mercer County Sheriff's Office that investigated the incident, the Ohio Bureau of Criminal Investigation or a Mercer County grand jury made of residents from this county," the police chief said. "This settlement is purely a business negotiation by the insurance company representing the city and will be paid fully by that company."
Wale said the department regrets the outcome but reiterated Regedanz was doing his job.
"We do regret the death of their son," he said. "We're sorry this happened. But by no means do I or should anyone else expect an officer to risk his life or the lives of others without taking action against an armed suspect."
Dinkler and Pregon - as part of the settlement - in a letter formerly apologized to the Hensley family. The letter states the city "deeply regrets the circumstances that led to the death" of Hensley, and the department considers it the "highest priority" to provide quality law enforcement service to the community.
According to authorities, Hensley on the day of the shooting had been at Kremer's Guns in Celina to use the indoor shooting range. His car reportedly wouldn't start when he attempted to leave and he walked to the nearby Fraternal Order of Eagles Lodge for lunch before heading toward the dealership on East Market Street.
Hensley - reportedly still carrying the unloaded handgun he had used at the shooting range - stopped to ask someone at the car lot for information with the gun tucked in the waist of his pants.
Regedanz reportedly responded to the area after police received several calls of a man waving a gun around. When Regedanz exited his cruiser, he told Hensley to show his hands, according to reports. Hensley turned around with the gun in his hand and was shot twice by Regedanz, once in the arm and once in the back, a report stated.
Hensley's family after the shooting told investigators he recently had experienced severe mental health problems, heard voices in his head, talked to himself and failed to recognize or listen to people attempting to speak to him, according to a Mercer County Sheriff's Office report.
