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Judge: No More Delays in LRPD Wrongful Death Case

A federal judge Tuesday denied a motion to remove the Little Rock city attorney from a wrongful death case set for trial this fall.
LITTLE ROCK, AR - A federal judge Tuesday denied a motion to remove the Little Rock city attorney from a wrongful death case set for trial this fall.

U.S. District Judge Brian Miller said in a 1-page ruling that Tom Carpenter can continue representing Little Rock police officers Donna Lesher and Tabitha McCrillis.

The two officers shot and killed Eugene Ellison, 67, in his Little Rock apartment in December 2010 after the officers said the man tried to overpower the female officers.

Ellison's son Troy, himself an LRPD officer, sued the city in federal court in 2011.

Miller said Tuesday the case needs to move forward.

"There was no reason to halt discovery while the motion to disqualify was pending," Miller says.  "This case has been pending for two years and no more continuances will be granted."

The trial is slated to begin in November.
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