An Indianapolis Metropolitan
Police Department officer is facing trial in a federal lawsuit filed by a man
who claimed he was falsely arrested and jailed for nearly a year on charges
that were later dismissed.
The 2012 lawsuit filed against
Detective Lesia Moore alleges she made false and misleading statements to
pursue a murder warrant for the arrest of Carlos Starks, an Indianapolis man
whom three eyewitnesses initially picked from a photo lineup. Two of the
witnesses later expressed doubts about their identification of Starks —
information Moore did not include in a probable cause affidavit, the suit
alleges.
Starks was arrested in October
2010, several months after the shooting death of Douglas Craft, who police said
was killed while carrying groceries to his Eastside apartment. Eyewitnesses
described the shooter as a 20-something man with dreadlocks, wearing a red
shirt and black pants. One witness described him as short and stocky.
Starks, who was stopped by an
officer at a nearby bus stop, had dreadlocks but was wearing a black shirt and
black pants, is skinny and stands 6 feet 2 inches tall. He told the officer he
was waiting for a bus to go to work.
He was arrested after three
witnesses identified him as the shooter from a photo lineup. Two of those
witnesses later said they were not sure it was Starks because they didn't get a
good look at the suspect's face, according to court documents. Two other
witnesses identified a different man who was later cleared of the crime,
documents said.
Starks was jailed for 11 months
as he awaited trial. A Marion Superior Court judge dismissed the case against
him in September 2011 after all witnesses who initially identified him recanted
their statements in court. He then filed a federal lawsuit in U.S. District
Court for the Southern District of Indiana in July 2012, citing violation of
his constitutional rights.
Several other defendants
initially were named in the lawsuit. They include another detective who also
worked on the case; two supervisors; IMPD Chief Rick Hite; Frank Straub, who
was the Department of Public Safety director at the time of Starks' arrest;
Mayor Greg Ballard; the Department of Public Safety; and the city of
Indianapolis.
The suit claims detectives
withheld vital information about the investigation to secure a warrant based on
a faulty probable cause.
"Despite the discrepancies
between the witnesses' statements and Mr. Starks' appearance, and the lack of
any evidence linking Mr. Starks to the crime," the lawsuit alleges, the
detectives "pressed for Mr. Starks' continued incarceration and prosecution."
According to the complaint,
Moore failed to disclose that Starks was taller and thinner than the shooter
described by witnesses. She also did not disclose that witnesses had doubts
about their identification of Starks, documents said.
The suit further claims that
city and public safety officials tolerated and encouraged the alleged
misconduct. Earlier this month, a federal judge dismissed those claims, citing
a lack of evidence.
Claims against the other
detective and the two supervisors also have been dismissed. The court ruled
that they were not personally involved in the allegations detailed in the
lawsuit.
The case against Moore is
scheduled for trial May 4.
Sgt. Kendale Adams, an IMPD
spokesman, said Moore previously was a homicide detective and now does
background investigations for IMPD recruits.
Samantha DeWester of the Office
of Corporation Counsel declined to comment, citing pending litigation.
Starks is seeking monetary,
consequential and punitive damages.
