Cleveland to pay $3.7M to family of man killed by officer

CLEVELAND (AP) — Cleveland has agreed to pay the family of a man fatally shot by an off-duty police officer $3.7 million.

Cleveland.com reports a federal jury in 2015 awarded $5.5 million to Kenny Smith's family in a lawsuit filed against officer Roger Jones, who shot Smith in the head in downtown Cleveland in 2012. A judge later reduced the award to $4 million.

A federal appeals court in January rejected the city's claim it shouldn't have to pay Smith's family because the shooting was objectively reasonable.

Attorney Terry Gilbert said Tuesday the family didn't want to prolong the litigation.

A county prosecutor cleared Jones of wrongdoing. The lawsuit alleged Smith was outside a car and not near a gun as Jones told investigators after the shooting.

A city spokesman declined to comment.