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SALT LAKE CITY — A federal judge has ordered Susan Hunt to take a $900,000 settlement previously agreed to by her and Saratoga Springs over the 2014 officer-involved shooting death of her son, Darrien Hunt.
It's a ruling that Cindy Moss, Susan Hunt's sister, is not happy with. "The justice system has completely failed us, failed my sister," she said Monday.
U.S. District Judge Tena Campbell, however, also ruled Monday that Hunt does not have to reimburse the city for attorney fees incurred while trying to enforce the settlement.
Darrien Hunt, 22, was shot and killed following a confrontation with two Saratoga Springs police officers. He was carrying a 3-foot souvenir katana sword when he was shot six times in the back, with most of the shots hitting him as he fled from officers.
The Utah County Attorney's Office determined the officers' actions were legally justified. In January 2015, Salt Lake attorney Robert Sykes and the Hunt family filed a $2 million civil lawsuit against Saratoga Springs and the two officers, calling their use of deadly force unlawful and excessive.
In September, the lawsuit took an unexpected twist when Hunt announced she had not authorized Sykes to accept a $900,000 settlement offer, claiming it would have required her to stay quiet about the shooting. She subsequently fired Sykes from representing her.
Sykes, however, presented as evidence to the court emails and recorded phone conversations with Hunt in which she agrees to the $900,000 settlement.
In her ruling, Campbell noted that Sykes did have authority to enter into an agreement on Hunt's behalf.
Campbell also pointed to an email Hunt sent Sykes on July 8, 2015, that stated: "I reluctantly will accept $850,000 to $900,000. Please push for as close to ($1 million) as possible."
On Aug. 12, 2015, Sykes again had Hunt verbally commit to an agreement in a recorded phone conversation. Campbell ruled that even though there was never a signed agreement, the verbal agreement was binding.
Moss disagrees. She claims an agreement preventing either side from making disparaging remarks wasn't added until after the fact, and was something her sister never agreed to.
"Just makes me sick that they force someone not to talk about the murder of their child because of the judicial system. It's corrupt to me. It's disgusting," she said. "She never, ever, ever agreed to this final disparagement agreement. And she shouldn't be held to it."
Heather White, the attorney representing Saratoga Springs, said the ruling does not forbid Hunt from talking about her son. But it does prevent her from making disparaging comments against the city and the officers involved, Police Cpl. Matt Schauerhamer and officer Nicholas Judson. She said that was included in the agreement, so the "name calling" that has gone on for a year can stop and both sides can move forward.
Moss, however, said Susan Hunt wants to appeal the ruling.
As for making Hunt pay Saratoga Springs for the additional money spent on attorneys fighting to enforce the settlement, Campbell sided with Hunt.
"The court declines to exercise that authority because such an award is not equitable in this case," the ruling states.
Campbell ordered Saratoga Springs to deposit the $900,000 settlement into the registry of the court, where it will be held until the next issue is resolved.
Hunt claimed she shouldn't have to pay Sykes for his representation. Campbell ordered briefs to be filed with the court within two weeks before determining how much, if any, of that $900,000 would go toward Sykes' fees.
Contributing: Brianna Bodily
