03-22-03: Anderson civil suit dismissed

03-22-03: Anderson civil suit dismissed

By SHELLEY GRIESHOP
The Daily Standard

WAPAKONETA - The family of Brent Anderson, who was shot to death in Wapakoneta in September 2001, has dismissed a wrongful death lawsuit against the Celina attorney's wife, Kimberly Anderson.
    The lawsuit was originally filed in Auglaize County Common Pleas Court on Sept. 19, 2001, seeking an undetermined amount of compensation for the couple's two sons, now 5 and 3 years old. Kevin Anderson, executor of his brother's estate, filed the suit just 17 days after Kimberly Anderson shot and killed the 37-year-old in the home the couple had shared before a marital separation.
    The request to dismiss the civil suit was filed this week by Kevin Anderson's attorney, Rich Wallace of Sidney. The dismissal was filed without prejudice, meaning the case can be refiled within 12 months.
    Kimberly Anderson, 38, was acquitted on all murder charges in connection with the death of her husband during a seven-day trial in October 2002. After being indicted for the death in December 2001, she maintained that she shot her husband in self-defense. She has retained at least partial custody of the young boys since the shooting occurred although she was not allowed to be alone with the children without supervision for more than a year while the criminal case was pending.
    Brent Anderson's sister, Pam Anderson of New Haven, Conn., released the following statement about the family's decision to dismiss the case: "The decision to file the notice at this time was based on several factors, including the short time frame to the June trial date in the pending case, and the desire of the family to focus its efforts on custody matters related to Brent's two sons, Erik and Ryan."
    The wrongful death case was slated for a two-week jury trial in June, and family members of Brent Anderson felt they did not have enough time to properly prepare, she said.
    "Brent's death and the criminal trial that followed over a year later have emotionally drained all of us," she noted in the release. "We will never have Brent back with us, but we continue to have faith that someday, somehow, justice will prevail for Brent and his family."
    The custody case, also filed by Kevin Anderson, is being handled by Wapakoneta attorney John Poppe. Poppe refused to comment on the pending case when contacted on Friday.

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