Local News
Wrongful death suit moved to federal court
By Brad Kellar
Journal Staff
A wrongful death suit filed by the family of a slain Commerce code enforcement officer may be headed to federal court.
A “notice of removal” was filed in the case with the 354th District Court Tuesday. It was not immediately clear whether the plaintiffs or the defendants had made the filing. Judge Richard A. Beacom said he had not seen the motion as of Wednesday evening.
“If a notice of removal has been filed, it is stayed here until the federal court decides it wants to hear it, or sends it back to me,” Beacom said.
The City of Commerce has denied all allegations in the suit and has also claimed sovereign immunity from liability. The suit was filed last month on behalf of Donavan Wayne and Marissa Elizabeth Walker, the surviving children of Michael “Pee Wee” Walker.
Adam Ward received the death penalty following his conviction on a charge of capital murder in connection with Michael Walker’s shooting death on June 13, 2005. Walker was taking photos of code violations at the home where the Wards lived on Caddo Street when he and Adam Ward had an altercation which ended with Walker being shot multiple times.
The lawsuit alleged City of Commerce officials knew Adam Ward possessed a gun and had used it to threaten neighbors on previous occasions.
The city was also alleged in the suit during the 10 years leading up to the shooting to have frequently threatened Ralph Ward, Adam Ward’s father, with action concerning reported code violations at the residence, with the regulations never being enforced.
The suit seeks unspecified amounts of actual and exemplary damages.
In response, the attorneys for the City of Commerce have argued that the children of Walker are already receiving workers’ compensation benefits, which are the exclusive remedy against the city concerning Walker’s death.
The response included a general denial of all allegations raised in the suit and also argued that under state law the City of Commerce is immune from suit and any liability unless the State of Texas otherwise allows it.
- Local News
-
-
Celebrating 25 years
Downtown Commerce will become a paradise for food lovers and discriminating shoppers Sept. 25, during the 25th annual Bois d’Arc Bash.
- 10:30 a.m. Monday- HMHD Board to discuss radiology services
-
Friday Night Central to cover local teams
The Commerce Journal is launching a new Web site for high school football coverage.
-
Friday morning fire destroys Commerce residence
Department and other area volunteer fire departments were called to the scene of a fire which destroyed a house Friday morning.
-
Campbell ISD calls for $5 million bond election
The board of trustees of the Campbell Independent School District has called for an election in November to decide the fate of a $5 million bond package.
-
Commerce ISD names four to Hall of Honor
A former state champion coach, a pioneering philanthropist, a nationally renown MIT graduate and a tireless community volunteer have been selected as the first inductees into the Commerce Independent School District Hall of Honor.
-
Highway work affects elementary school
Monday’s first day of school at one Commerce elementary school was affected by highway construction efforts in the area.
- Two stores sell to minors in tobacco sting
-
Back to School
-
Man charged with stealing from elderly woman
A Commerce man is facing two felony indictments, alleging he stole from an elderly Hunt County resident while also ringing up unauthorized purchases on her credit card.
- More Local News Headlines
-
Celebrating 25 years
