"(The shooting) was caused and contributed to by (Hill's) attempt to strike Lugenbell with his motor vehicle," the response, written by attorney Karl Blanchard said.
The response also denied allegations that Lugenbell shouted, "Stop right there or I'll shoot," then immediately began shooting and indicated that if the case moves to trial Lugenbell's defense will contend that Lugenbell was performing his duty, was protecting himself since Hill was allegedly driving directly at him and Lugenbell is protected by both sovereign and official immunity.
Hill, who was charged with assaulting a law enforcement officer and driving while intoxicated, is scheduled to go to trial May 22 in McDonald County Circuit Court, where the case is being heard on a change of venue from Newton County.
More information about Hill's lawsuit and the original Joplin Police Department news releases from that day can be found at this link.
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