Though it occurred nearly ten years ago, the mother of Deborah Kirk, Phyllis May, believes Franklin County, Ohio should still be held responsible for her daughter’s murder. Records show Kirk called 911 three times before a Franklin Township officer showed up. By that time, Kirk’s boyfriend, Marvin T. Moss, was lying on top of her and covering her mouth so she couldn’t scream.
The officer knocked, but left when no one answered. The security guard with him, and who had a key to the apartment, did not open the door. Kirk was strangled to death, and her body found inside her bedroom the next day.
Lawsuit
Jurors in Franklin County are now trying to decide if the issue of the dispatchers and technicians lack of communication was “willful, wanton, and reckless.” The officer was sent, but the call was classified as low priority. May’s lawyers argue that the failure to protect Kirk was “systemwide” by officers of the sheriff’s office, and that the officer in question, David Ratliff, violated department policies by only performing a cursory check before leaving. Also held responsible are the dispatchers who spoke with Deborah, but didn’t notify the officer that she had been slapped and was screaming at Moss to leave her alone.
Too Little, Too Late
Marvin T. Moss committed suicide in his cell six months after confessing to Kirk’s murder. Since then, two of the communication technician’s involved in Kirk’s frantic calls that day have retired, and a dispatcher has been disciplined. Franklin County began extensive training on how to handle domestic violence calls, and a police cruiser is now sent to all 911 calls. While the county has claimed immunity from civil damages, the judge has ruled the case can go to trial. One wonders if Deborah Kirk would still be alive today had Franklin County had all of this in place before August 13, 1998.
If you have lost a loved one due to another’s willful maliciousness, you may have a wrongful death claim. Please contact an experienced injury lawyer in your area to discuss any questions you may have.
