Judge rules against re-enactment of fatal police shooting

TOLEDO — A federal judge has ruled the police sergeant who fatally shot a woman during a drug raid last year does not have to dress in his SWAT outfit with his assault rifle to re-enact the event.

Judge David Katz of the U.S. District Court for the Northern District of Ohio ruled against a request by the family of Tarika Wilson seeking to have Lima Police Department Sgt. Joe Chavalia re-enact the events of the Jan. 4, 2008, raid, including the shooting of Wilson and her 1-year-old son, who survived. The Wilson family wanted to record the re-enactment on videotape in the wrongful death and personal injury lawsuit they filed last year.

Katz said it would be nearly impossible to perform a valid re-enactment and it even could be misleading because it would take place at a different time of day under different circumstances. He said Wilson’s family can use statements Chavalia made during his criminal trial, which included a full account of his actions that night.

Additionally, Wilson’s family has inspected the home at 218 E. Third St. and taken various measurements as well as conducted tests at the scene, the judge said.

Also part of the case, Wilson’s attorneys estimated their legal expenses would reach $1.09 million, of which half was associated with collecting evidence.

A trial date has not been scheduled.

The Lima Police Department Special Weapons and Tactics team raided the house looking for Wilson’s boyfriend and drugs. Chavalia mistakenly shot Wilson when he heard gunfire, which came from other officers shooting at dogs.

Chavalia was acquitted of negligent homicide and negligent assault at a trial last year.