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Suit filed against state police, trooper in shooting of suspect

Keith Schueller seeks compensation on five counts including battery and excessive force
November 4, 2014

A civil suit has been filed in New Castle County Superior Court against the Delaware State Police and a trooper who shot a burglary suspect in the back.

Keith Schueller, 44, of Rehoboth Beach is serving a four-year sentence at Sussex Correctional Institution after pleading guilty in April to felony resisting arrest, third-degree burglary, disregard police officer's signal, theft of services and shoplifting.

The charges were the result of a two-day crime spree that involved theft and burglary at several Route 1 stores.

After illegally driving off with his vehicle from a lot where police had empounded it, Schueller ended up in high-speed chase along Route 1 and Postal Lane after police recognized his vehicle. Schueller crashed into another car at the intersection of Postal Lane and Plantations Road and ran to a nearby farm with Trooper Brett Cordrey in pursuit.

Although Schueller denied picking up a shovel in a previous interview with the Cape Gazette, the lawsuit states he picked up a shovel but did not stop or confront the officer with it.

“Instead, Plaintiff ran with the shovel low behind him,” the lawsuit states. “At no time did Plaintiff act aggressively toward the Defendant, or otherwise place the Defendant's life in danger.”

Police all along said Schueller picked up a shovel and swung it at the officer in a threatening manner. In an earlier interview, police said Schueller's gunshot wound is consistent with the rotation of Schueller's body after he swung a shovel at Cordrey. The bullet remains in Schueller's back, just to the right of his spine.

“As a result, Plaintiff suffered severe physical and emotional injuries,” the lawsuit states.

The lawsuit asks a jury to decide an undetermined amount of compensation on five counts – violation of article 1 and 6 of Delaware Constitution, use of excessive force; battery; intentional infliction of emotional distress; negligence; and gross negligence.

The lawsuit also asks for punitive damages and attorney's fees.

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