LOUISVILLE, Ky. (WDRB) -- A high-speed chase in July 2021 that violated Louisville Metro Police policies and left one person dead and others injured resulted in a $31 million verdict against the driver of the vehicle and the officer who wrongly initiated the chase.

But the family of the deceased victim, Trevon Mitchell, was only going to get a fraction of that amount, as the jury put only 3% of the fault on the officer, Ben Sullivan, meaning the city was to pay out around $922,000.

The other defendant in the lawsuit, Larry Williams, was responsible for the other 97% of the verdict but is in prison serving a 20-year sentence.

Now, however, the judge in the case has granted an appeal for a new trial, in part because it was insinuated to the jury that the officer was going to have to pay any damages himself, instead of the city.

"The Court expressed its displeasure during trial with Sullivan's counsel loudly proclaiming at a bench conference (so that the jury could hear) that LMPD was not being sued, finding that it was an attempt to get the jury to think that Sullivan would be paying any judgment on his own," Jefferson Circuit Court Judge Sarah Clay ruled on July 29.

Clay ruled that while she admonished the jury not to consider who would pay the judgement "the bell was rung too many times for a reasonable jury to ignore it. To the extent the Court admitted evidence that allowed the jury to consider who would pay a judgment, the Court finds that it was error, which could not have been cured by an admonition."

In addition, Clay ruled the jury's verdict was tainted by the improper inclusion of Williams' criminal activity, including a photograph of him carrying an assault rifle nine days after the wreck. 

"This is extremely prejudicial evidence that obviously impacted the jury's decision regarding apportionment," said Jamie Neal, an attorney for Mitchell's family, in a July 24 hearing requesting a new trial. 

Since the errors only affected the amount each defendant would pay, Clay ruled the new trial will solely focus on the issue of apportionment.

"We're pleased that the judge is going to give us another opportunity to prove to a new jury the respective fault of the parties without the irrelevant evidence that the defense snuck in the first trial," said attorney Bo Bolus, who also represents the Mitchell family. 

Other plaintiffs include Walter Jackson, Brent Bernier, and Aidan Coleman. 

Coleman settled after the trial. The jury gave Bernier and Coleman about $5 million total in the verdict. 

The new trial has been set for November 2025.

Officer Sullivan was accused of violating the department's chase policy during the incident on July 6, 2021, when he tried to pull over a car driven by Williams for expired tags. Williams took off, and Sullivan chased him. The chase ended in a fiery crash when Williams sped through a stoplight at the intersection of Broadway and Dr. W.J. Hodge Street.

Williams hit Mitchell, 22, who was on a moped and died in the crash. Four other people were also injured. Police reports indicate Williams was traveling between 90-95 mph at the time of the collision.

Williams was arrested several weeks later and charged with murder. He's since been convicted and sentenced to prison on manslaughter and other charges. 

Attorneys for Mitchell's family, and the others who were hurt in the crash, argued that LMPD violated its no chase policy involving minor traffic violations.

LMPD policy prohibits officers from pursuing suspects who flee after violating traffic laws. LMPD's chase policy was part of questioning throughout the trial, which lasted for nearly two weeks, including the methods and timing of the investigation.

This story may be updated. 

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