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7:34 p.m. • 2-10-12

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N.C. jury awards $850,000 to former soldier


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Stephen Phelps, wounded in Robin Sage shooting
Stephen Phelps, wounded in Robin Sage shooting

A former Army sergeant wounded during a military training exercise was awarded $850,000 in his lawsuit against the Moore County Sheriff's Office and the former deputy who shot him.

A federal jury in Greensboro awarded the money to former Army Sgt. Stephen Phelps, who was injured in the February 2002 shooting that killed another soldier. He had sued the sheriff's office and former Deputy Randall Butler.

"I was happy that the truth finally came out," Phelps said after the verdict was read Tuesday night.

The jury awarded $650,000 in compensatory damages and $100,000 each as punitive damages for Butler’s violation of state and federal law, Phelps' lawyer, Carlos Mahoney, said.

Mahoney was seeking $1.2 million.

"It was merely the verdict I was seeking. I wanted to be heard by a jury of my peers," Phelps said.

Moore County Sheriff Lane Carter said neither he nor Butler would comment. Jim Morgan, who represented Butler and the sheriff's office, declined to comment on whether they would appeal the verdict.

Phelps and 1st Lt. Tallas Tomeny had been taking part in Robin Sage, an exercise that trains soldiers for Special Forces. Tomeny was killed, and his estate settled out of court.

During Robin Sage, soldiers simulate infiltration of a foreign nation. Phelps and Charles Leiber, a civilian who was playing the role of an adviser, testified that they thought Butler stopping their vehicle was part of the exercise.

Butler had argued that the men were acting suspiciously in an area that had experienced a lot burglaries. Butler also said he saw two machine guns and that Tomeny had told Phelps to kill him.

Phelps said Butler overreacted.

“An exercise that’s gone on for half of a century – it’s difficult for me to fathom how a law enforcement officer, any law enforcement officer, could not know that was going on,” Phelps said.

“It seems ludicrous at best, if not an outright falsehood,” he said of the assertion.

On Tuesday, jurors said they didn't believe Butler's claims about the guns or the order to kill. Greg Harris of Hoke County said he found Phelps and Leiber more believable than Butler.

"Mr. Leiber's testimony was pretty strong," he said. "And Phelps - (the lawyers) couldn't get him crossed up. His story stayed the same throughout his testimony."

Harris said Butler's story changed.

Phelps, 35, now lives in Florida and works as a defense contractor. He said he can never forget the day of the shooting, but he’s tried to put it past him. “I just keep pushing on. It’s not something that I dwell on," he said.

RELATED TOPICS: Moore County, Hoke County, Florida Keys Oil Spill

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to be sure the cops knew about the exercise, how could thye not know since it has been going on for so long. I am not sure they shot and killed and wounded on purpose but the soilder deserves every bit for his injuries.

When the event first happened, it was reported that LEOs were informed, but apparently that deputy did not get the message. If anyone is to blame, it is the deputy's office and/or superiors who did not inform him of the training!

Could someone please explain the Robin Sage training? You keep pointing out that it has been going on for 50 years. Does this happen at the same time and place every year? Do they make sure all LEOs in that area are aware of this event and the days and times they will be training?

What would the officer do if he knew that there was a training mission and still pulled these guys over? Doesn't the officer owe it to the public to confirm these guys are actually military and not just some thugs?

I only hope that Phelps will now be able to go on with life and finally out this horrific event behind him.

Let me preface by saying that there is no question that the military is the most professional and well trained and most respected uniformed organization even over law enforcement. And yes military training takes precedence over civilian concerns because national defense takes priority even over local/state law enforcement. However, in this particular case I do not see how this deputy can be totally faulted. The deputy cannot automatically assume anything at a traffic stop due to the fact that a LEO life is always at potential risk during a traffic stop. This was a tragic situation and I do not know all the facts but it appears to me that the deputy was defending himself.

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