Former Malakoff Police Officer ordered to pay $6.3 million

Posted by : admin | On : October 5, 2017

The News Staff Reports
IOWA–Ex Malakoff Police Officer Ernesto Fierro has been ordered to pay a judgment in the amount of $6.3 million from an incident that happened in 2013.
William Livezey, 70 of New Sharon, Iowa died from a heart attack suffered while he was in handcuffs on the side of the road on State Highway 31 east of Corsicana near the Chambers Creek bridge Dec. 11, 2013.
Livezey was hauling reclaimed barn wood on a trailer pulled by his truck from Iowa to a client in Houston when he was pulled over by Fierro, who was off duty at the time. Fierro, who had just finished a 6 p.m. to 6 a.m. night shift, was traveling home on his personal motorcycle and passed the truck.
The officer alleged that Livezey’s truck swerved toward him and he took evasive action. Upon regaining control of the motorcycle, Fierro accelerated and put some distance between himself and the truck. When the officer slowed down coming into the next town, the truck caught up and swerved at him again. Once the officer was able to retrieve his badge from his duty belt, he identified himself as a police officer and stopped the truck.
Fierro handcuffed Livezey and placed him on the side of the road, intending to charge him with assault with a deadly weapon. When Navarro County deputies arrived, they removed the handcuffs and told Livezey to sit back in his vehicle and questioned him for 10 to 15 minutes. During the questioning, Livezey became unresponsive and stopped breathing. CPR was performed by a Navarro County Deputy as well as off-duty officer Fierro until Corsicana EMS arrived and transported Livezey to Navarro Regional Hospital where he died.
The family of the deceased, which included a wife and four adult children, filed suit against Fierro, his police chief and the City of Malakoff in April 2014, claiming excessive force and unlawful arrest. The city and police chief were later dropped from the lawsuit, leaving Fierro solely responsible for the judgment.
Fierro is no longer a commissioned peace officer, having been ordered to surrender his license some time earlier due to this incident.