According to WBAL-TV, judges found the lower court abused its authority in an opinion announced on Wednesday and reinstated the award. Over 80% of the $38 million will go to Gaines' son, Kodi, who was shot twice during the incident, reports FOX43.
“This is obviously huge for Kodi and the rest of the Gaines family,” Ken Ravenell, the attorney representing Gaines' family, told The Baltimore Sun. “The court found that the trial judge violated the law in taking that verdict away. They can now expect that they can collect a significant award in the near future.”
However, Ravenell also believes the opinion could leave room for a lower court to reconsider the amount or grant a new civil trial, The Sun reports.
Sean Naron, a Baltimore County representative, told The Sun that the award will likely be reduced.
“The County is continuing a comprehensive evaluation of the opinion and considering further action,” Naron wrote in an email.
The county’s office refused to comment any further.
Original (February 19, 2019): A Maryland judge has repealed a jury's decision to grant $37 million to the estate of Korryn Gaines, a young Black mother killed by police officers in Baltimore.
According to the New York Daily News, the jury awarded $32 million to Kodi Gaines and $4.5 million to his sister Karsyn. Gaines' parents and legacy were all given around $300,000.
On Friday, a Maryland judge overturned the jury's award, saying the officer acted in "entitled to qualified immunity," per a conclusion obtained by CNN.
"The evidence is clear," Baltimore County Circuit Court Associate Judge Mickey J. Norman's statement read. "This Court has found that Corporal Ruby is entitled to qualified immunity and therefore, his shooting of Gaines was not unlawful."
Consequently, a new trial will occur to reflect this resolution.
A lawyer for the Gaines family spoke with CNN on Friday following the revelation and reported the family was heartbroken by the judge's ruling but does not consider it a defeat.
"We have great appellate issues and an excellent opportunity to have reviewed not just the recent decision but some of the earlier decisions in the case that were disfavorable," attorney J. Wyndal Gordon said. "Nobody told us the road would be easy. I don't believe God brought us this far to leave us. This case is by no means over. We will fight to the finish to preserve the jury's verdict and restore justice to the family."
The Baltimore Sun writes that Corporal Royce Ruby remains employed by the Baltimore County Police Department.