For help using the website visit our help page or contact [email protected]. Online condolences may be sent at www.mullinsthompsonfredericksburg.com, receive updates when new memories are posted, https://www.dignitymemorial.com/obituaries/fredericksburg-va/kevin-thacker-9190765, © 2020 SCI SHARED RESOURCES, LLC. Defendant, in his brief states, "If there is substantial evidence opposed to the motions, that is, evidence of such quality and weight that reasonable men in the exercise of impartial judgment might reach different conclusions, the motions should be denied and the case submitted to the jury.". New, 4 comments. It was all a massive cover-up made by the Marshalltown police department to hide the guilt of an officer. I. Try again later. He died a week later after suffering a skull fracture. I find here fact-based theories sufficient to support plaintiff's claim. Share this memorial using social media sites or email.

Please contact Find a Grave at [email protected] if you need help resetting your password. The trial judge vacated the jury's verdict. You have chosen this person to be their own family member. Your Scrapbook is currently empty. Attorney Pepper takes Eldred to court and uses evidence of Thacker's injuries, the crime scene itself, and time constraints around the time of death to disprove the possibility of Kevin Thacker falling from the rooftop. Please try again later. Several officers testified, however, that they heard Ruopp say, "... he's in the area." To the west of the space between the two doors are two stairways, one leading to the upstairs and one leading to the basement. We cannot agree with him or the trial court.

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Id. Arizona Coyotes prospect Liam Kirk to play for Hanhals IF in Sweden. Plaintiff had the burden of proving the following facts: (1) that plaintiff was fatally injured by a blow from some assailant; (2) that the assailant was Kendall Eldred; and (3) that the force used was not justified and was unreasonable and deadly. Decedent suffered no broken or chipped teeth, or cut lips. It is interesting to see Thacker moved to a completely new area and league, with his five years of experience coming in the OHL, but his time in Ontario certainly have him prepared for his new role with the team. Kendall ELDRED and City of Marshalltown, Defendants-Appellees. We hold the district court erred in granting defendant's motion for judgment notwithstanding the verdict, and we reinstate the jury's verdict relating to defendant Eldred's liability for Kevin Thacker's death. According to the dispatcher's tape recording of the radio communications during the search, Officer Ruopp reported "102 is in the area." He fell, and was killed on impact. We cannot understand how Householder, and Yoch can support defendant's argument. I find further support in the recent case of Schermer v. Muller, 380 N.W.2d 684 (Iowa 1986) for the majority's determination there is sufficient direct and circumstantial evidence to sustain the jury verdict. New scout will focus on teams in Eastern Canada. × It was the defendant, Eldred, however, that was the first person to reach the decedent and who radioed the message, at 1:24 a.m., that the prisoner needed an ambulance. Officer Ruopp's call number that night was "102.". There was also evidence of blood on various parts of decedent's clothing and several buttons were missing from his shirt. A celebration of life will be held at a later date. Kevin Thacker was arrested for OWI by Marshalltown police officers Kendall Eldred and Don Cole at approximately 12:55 a.m. on October 28, 1983. There is no testimony from any other officer to the effect that during the ensuing search, Eldred was seen. Kevin Thacker of Iowa is a repeat drunk driving offender, and when he is taken into the Marshalltown, Iowa, police station and questioned for his latest DUI, he attempts to escape. In Schermer, the court determined a negligence issue of defendant's failure to yield one-half the traveled way was not merely an ingenious theory of plaintiff's counsel but fact-based theories of sufficient probative force to support the plaintiff's claim of causative negligence against defendant.

They suspect that he was murdered by Kendall Eldred, the police officer who questioned him. Heard by DONIELSON, P.J., and SCHLEGEL and SACKETT, JJ. We have set your language to We, therefore, reverse the trial court's granting defendant a new trial in the event the judgment notwithstanding the verdict is reversed. Eldred filed a motion for judgment notwithstanding the verdict and a motion for new trial. His parents, Thomas and Beverly Thacker, enlisted the help of a personal injury attorney for … ), At 1:20 a.m. (according to the dispatcher's tape recordings of radio transmissions), Eldred informed the dispatcher, by radio, that his prisoner had escaped and that the prisoner could be in the building or outside. The trial court, in sustaining the motion for judgment notwithstanding the verdict, stated: In Blong v. Snyder, 361 N.W.2d 312, 315 (Iowa App. There is also no evidence that the verdict is the result of passion, prejudice, or other ulterior motive. Although most of the evidence in this case is circumstantial, there are also certain facts which could assist the jury in determining whether Eldred was responsible for Thacker's death. Oops, we were unable to send the email. On the front of decedent's clothes there was evidence of tar contact. No bruises were found on the body except for two similar bruises, one on the front of each armpit. The punitive damages are not intended to compensate, and any arguments that the jury intended to use punitive damages just to compensate the plaintiff are themselves speculative and based on conjecture. v. By this time, Officer Ruopp, out on patrol with the canine unit, also responded to the dispatcher's report and arrived at alley in the rear of the station. This court, in Yoch v. City of Cedar Rapids, 353 N.W.2d 95, 99 (Iowa App. Brayden Burke was great in the AHL last season, and his development is a good sign for the future of the Coyotes. Verify and try again. The truth came to light, and it was discovered that an unarmed, defenseless Kevin Thacker was killed in cold blood due to a blow from Officer Eldred. Most visible were the tar stains on his upper legs, the belt and the abdomen area of his shirt. Please note: You are asking volunteers to find and take a photo of the headstone. This movie, based on a true story, centers around the 1986 investigation of the death of Kevin Thacker. Try again later. Sorry! On appeal, plaintiff alleges the trial court erred in awarding defendant judgment notwithstanding the verdict, and in dismissing the 1983 civil rights claims against both defendant Eldred and the City of Marshalltown. Kevin Thacker was arrested for OWI by Marshalltown police officers Kendall Eldred and Don Cole at approximately 12:55 a.m. on October 28, 1983. Here are some of the reasons we believe that the FBI conclusions in the Kevin Thacker case should be reinvestigated by the Senate Judiciary Committee and the Iowa attorney general. Kevin Thacker Ministries Knoxville, Tennessee 37918 865-385-9002 About Kevin. We do not have any photo volunteers within fifty miles of your requested photo location. To add a flower, click the “Leave a Flower” button. The officers transported him to the police station and arrived at the back door of the building at approximately 1:04 a.m. Thomas THACKER, Administrator of the Estate of Kevin Thacker, Deceased, Plaintiff-Appellant, When he is found deceased in an alley behind the station, the town police report he attempted to jump from the roof of the station to a nearby building, a gap too far for him to clear. Because we believe the facts, and the inferences reasonably derived therefrom, could, or might persuade impartial, reasonable jurors that defendant Eldred did inflict the fatal blow, we reverse the trial court's order granting the judgment notwithstanding the verdict. However, the parents of Kevin Thacker disagree with this story. GREAT NEWS! *666 Stuart M. Pepper, Des Moines, for plaintiff-appellant. The case was tried to a jury on October 17, 1984. There is no agreement in the testimony of the various officers involved in the search as to where everyone was during the search.

Your new password must contain one or more uppercase and lowercase letters, and one or more numbers or special characters. GREAT NEWS! Section 1983 and 1988, and his eighth amendment rights. Conditional New Trial. As stated in Kaiser v. Stathas, 263 N.W.2d 522, 523 (Iowa 1978): Defendant argues that these legal principles can and should be used to support the conclusion that the jury compromised on the issue of liability and therefore the new trial is appropriate. It is not clear who spotted the decedent first. The full award was paid out to the parents, plus interest.An FBI investigation was initiated for civil rights violations and excessive force, but it's alleged that the FBI hastily investigated the case and swept it under the carpet without having a grand jury hear the case.Thre was a movie made, entitled "The Coverup." Please try again later. For memorials with more than one photo, additional photos will appear here or on the photos tab. at 692; Valadez v. City of Des Moines, 324 N.W.2d 475, 478 (Iowa 1982). Adding a person like Thacker is a positive step for the Coyotes, with his experience working with one of the biggest Canadian major junior teams something the organisation will value highly. I agree with the majority in reversing the order granting new trial. We’ve updated the security on the site. Tar was also indicated on his shoes.

Hardy v. Britt-Tech Corp., 378 N.W.2d 307, 310 (Iowa App. Here the defendant attempts to tie the above judicial decisions with the language of Iowa R.Civ.P.

Kevin Thacker was a 21 year old man who was arrested in Marhalltown, Iowa, for drunk driving in 1983. Attorney Pepper takes Eldred to court and uses evidence of Thacker's injuries, the crime scene itself, and time constraints around the time of death to disprove the possibility of Kevin Thacker falling from the rooftop. The only injury found on Thacker's body was a minor skull fracture just above the left ear, near the temple area. I, like the majority, find no basis for the trial court's ruling and would find the trial court abused its discretion in ordering a new trial. Please also read our Privacy Notice and Terms of Use, which became effective December 20, 2019. In Hardy we were comparing apples with apples (compensatory damages with compensatory damages), and because both measures of damages flowed from the same issue (the loss because of decedent's death), it was *674 fair to consider them together in considering the reasonableness of each. All photos appear on this tab and here you can update the sort order of photos on memorials you manage. We have 2 volunteers within fifty miles of your requested photo location. Plot Summary: Based on the real-life 1983 wrongful death case of Kevin Thacker. The website for The CoverUp is intended to give the viewer comprehensive information about the Kevin Thacker case trial and its aftermath. The jury was properly instructed on these issues.