Joint Statement by the Parties

The City of Lynchburg on behalf of the Police Department, Mary Beard Peterson sister of
the late Clarence Beard and Administrator of the Clarence Beard Estate, have mutually
agreed to settle the lawsuit of Ms. Peterson that arose out of the death of Mr. Beard for
the sum of 250,000.

An investigation by the Commonwealth's Attorney office and the Virginia State Police
cleared the officers of criminal wrongdoing.

The City of Lynchburg acknowledges that Clarence Beard possessed no criminal record
during his lifetime.

The City of Lynchburg is deeply sorry for the untimely death of Mr. Beard.

The City of Lynchburg is firmly committed to racial harmony and healing, and hopes that
the Community Dialogue Program on Race and Racism that was implemented as a result
of Mr. Beard's death will continue to generate ideas and strategies for improving race
relations in this community.
 VIRGINIA:
IN THE CIRCUIT COURT FOR THE CITY OF LYNCHBURG

MARY BEARD PETERSON, Administrator of the

Estate of Clarence Beard, Jr., deceased and

Personal Represent:ative for his statutory

Beneficiaries under Section 8.01-50 at: seq.,

Plaintiff,

v. Case No. CL08002153-00

MICHAEL B. EAGLE,

Defendant.

PETITION FOR APPROVAL OF COMPROMISE CLAIM

NOW COMES the Petitioner, Mary Beard Peterson, Administrator of t:he Estate of

Clarence Beard, Deceased (hereinafter, "Plaintiff"), by counsel, and represents as

fto l Lo w s .

1. Your petitioner qualified as administer of the estate of Clarence Beard, deceased,

before the Clerk of the Circuit Court for the City of Lynchburg, Virginia, on the tvventy-

eighth day of September, 2006 , as shovvn by a copy of her certificate of qualification

herevvith filed marked "Exhibit 1."

2. Y our Petitioner fBed a lawsuit as Administrator of the Estate of Clarence Beard, Jr.,

deceased and Personal Representatjve for his statutory beneficiaries under Section 8.01-

50, et seq. in the above -captioned lawsuit claiming personal Injuries, sorrow, mental

anguish, Joss of solace suffered by the beneficiaries, including society, companionship,

comfort, guidance; expenses for final care, treatment, and hospitalization of decedent

incident to the injuries resulting in his death and reasonable funeral expenses and other
 damages as a result of' the alleged negligence and Intentional acts and omissions on the

part of the Defendant.

3. Clarence Beard, Jr. died of a heart attack that was Induced by physical exertion

during a fight with pollce officers of the Lynchburg Police Department.

4. Clarence Beard left surviving hilTl your petitioner and a brother Samuel Beard, who

are the only parties entitled to share In any recovery on account of the death of Clarence

Beard, I., deceased.

5. Your petitioner is advised that, although the circumstances of the incident are such

as to render questionable the liability of Officer Michael Eagle, Michael Eagle is

nevertheless willing and offers to pay the sum of Two Hundred Fifty Thousand Dollars

($250,000.00) to the estate of Clarence Beard, Jr. deceased provided the said amount is

accepted in full discharge of any and all claims which may be or can be asserted against

him for damages on account of his death.

6. That the Defendant contends that the decedent did not sustain any injuries or

damages through or as the result o f any negligence, willful acts or omissions on the part

of the Defendant, and the Defendant does not admit any liability.

7. Your petitioner considers this settlement fair and reasonable under the

circumstances. She is possessed of small means, and there are not sufficient funds in her

hands or to come into her hands from the estate with whIch she might:just:iflably

prosecute a suit upon the cause of action in question, and the result of an effort to recover

a sum larger t:han that navv o.ff"eredmust necessarily be protracted and doubtful. Your

petitioner therefore recommends this proposed settlement to the Court for approval and

ratification and further asks that the Court direct that the proceeds of'said compromise

2
and settlement be paid to Mary Peterson, as sister of Clarence Beard Jra, deceased for the

benefit: for her and to his brother Samuel Beard for his benefit.

8. There are no other parties who are entitled to any distribution of any recovery that

may be had In this action.

WHERFORE, your petitioner respectfully prays that all interested parties be

convened; that the Court approve and confirm the compromise and settlement: in the

amount of T vvo Hundred Fifty Thousand Dollars ($250,000.00) of Clarence Beard, Jr.

and enter an Order directing payment of said sum In accordance with Virginia COde Ann.

Section 8.01-55: and that, after payment of attorneys' fees and other costs and charges

against: said sum, the balance then remaJning be paid to Mary Beard Peterson and Samuel

Beard and that such payment and compromise settlement may be adjudged binding on all

parties to this proceeding.

WHEREFORE, Plaintif'f' prays that her motion be grant:eda

MARY BEARD PETERSON,

Administrator of the

Estate o£ Clarence Beard, .r..

deceased and

Personal Representative for his

Estate

Attorney for MARY BEARD PETERSON,

Administrator of the estate of CJarence

Beard .r.. deceased

3
 0274
VIRGINIA:
IN THE CIRCUIT COURT FOR THE CITY OF LYNCHBURG

MARY BEARD PETERSON, Administrator of the

Estate of Clarence Beard, Jr., deceased and
Personal Representative for his statutory
Beneficiaries under Section S.01-50 et seq.,

Plaintiff,

v. Case No. CLOS002153-00

MICHAEL B. EAGLE

Defendant.

AGREED DISMISSAL ORDER APPROVING WRONGFUL DEATH

SETTLEMENT

On this 21 st day of April, 2011, came Petitioner, Mary Beard Peterson, Administrator

of the Estate of Clarence Beard, Deceased and Personal Representative for his statutory

beneficiaries under Section 8.01-50 et seq.(hereinafter, "Petitioner"), by counsel, and

filed her petition for approval of a proposed compromise of the claim for damages for the

inj uries and death of Clarence Beard, deceased.

UPON CONSIDERATION WHEREOF, it appearing to the Court that all parties

necessary to be convened have been convened; and it further appearing that, while the

Defendant denies that he in any way committed any wrongdoing in the way he dealt with

Clarence Beard, Jr., deceased, thereby causing his death on September 24, 2006, he,

nevertheless, has offered the sum of Two Hundred Fifty Thousand Dollars ($250,000.00),

in full compromise settlement of all claims and damages against him arising from the

death of Clarence Beard, Jr., deceased, together with the costs incident to this proceeding;

and it further appearing to the Court that Mary Beard Peterson and Samuel Beard, who
 0275
are all of the competent beneficiaries who would be entitled under Virginia Code Ann.

Section 8.01-53, to the damages recoverable in any action against said defendant.

Defendant has consented to said offer of compromise and settlement; and the Court being

of the opinion that said offer of settlement is a reasonable one and one that is

advantageous to the beneficiaries inasmuch as the question of establishing liability on the

part of Defendant, is involved in great uncertainty, does hereby approve said settlement

and compromise in the amount of Two Hundred Fifty Thousand Dollars ($250,000.00)

on behalf of the estate of Clarence Beard, Jr., deceased, as set forth in the petition herein

filed, such settlement and compromise to be in full settlement of any and all claims and

damages which mayor can be made against Defendant, arising from the death of

Clarence Beard, deceased, and does further ORDER and ADJUDGE that petitioner

recover said sum from defendant.

AND IT FURTHER APPEARING TO THE COURT that Clarence Beard, Ir. left

surviving him Mary Beard Peterson, his sister and Samuel Beard, his brother, and that

they are the only persons entitled under Virginia Code Ann. Section 8.01-53 to share in

the recovery hereinabove ordered; and it further appearing that Mary Beard Peterson and

Samuel Beard, the only competent beneficiaries, have appeared and consented thereto,

the Court hereby

AND IT FURTHER APPEARING TO THE COURT that amount to be paid in

compromise is the sum of Two Hundred Fifty Thousand Dollars ($250,000.00); it is

ORDERED that the following expenses and fees are to be paid:

(1) $2,704.20 to Community funeral Home, Inc for funeral expenses

2
 0276
(2) $100,000.00 to be held in trust by The Verbena Askew Law Firm, P.C. for

attorney fees incurred herein until further order of the Court;

(3) $ 3,995.00 to ATAC for Expert witness fees;

(4) $ 2,572.50 lien from BotkinRose PLC for expenses;

(5) $ 3,334.62 Expenses paid by The Verbena Askew Law Firm, P.C.

(6) $137,393.68 to be divided equally between Mary Beard Peterson and Samuel

Beard, beneficiaries.

And it appearing to the Court that Mary Beard Peterson has waived any claim to

commissions on said fund, it is ORDERED that no commissions be paid to her thereon.

Thereupon, defendant, by counsel, in open Court, paid the sum of Two Hundred Fifty

Thousand Dollars ($ 250,000.00) to Mary Beard Peterson, Samuel Beard and The

Verbena Askew Law Firm, P.C., in full settlement and satisfaction of all liability now

existing or which may hereafter be asserted against them, or either of them, for or on

account of the death of Clarence Beard, Jr., and the Court hereby ORDERS that

Defendant be and hereby is forever discharged from any such claim or liability.

And the object of this proceeding having been accomplished it is ORDERED that the

same be stricken from the docket of this Court and the papers therein filed among the

ended causes.

The Clerk shall provide certified copies of this Order to counsel of record.

ENTER this 2( day of i)JLJl,

i~
1,
2011.

3
 027'7
I ASK FOR THIS:

1)tJb 7fi If} ~ It )rt~J

t;

Verbena M. Askew, Esquire

Attorneys for Plaintiff

~M.~
Kevin M. Rose, Esquire
Co-Counsel for Plaintiff

SEEN AND AGREED:

We, Mary Beard Peterson and Samuel Peterson, the sole competent beneficiaries

interested in the above claim and entitled under the law to share therein, do consent to the

disbursements in this case and the distribution of s..~m as above praye~r.

_
./ ». 1\ &~)
"21{(£~ Pi/the{ .
Mary Bekd Peterson

4
 0272
VIRGINIA:
IN THE CIRCUIT COURT FOR THE CITY OF LYNCHBURG

MARY BEARD PETERSON, Administrator )

of the Estate of Clarence Lightfoot Beard, Jr., )
deceased and Personal Representative for his )
statutory beneficiaries under §8.01-50 et seq., )
)
Plaintiff, )
)
v. ) Case No. CL08002153-00
)
MICHAEL B. EAGLE, et als., )
)
Defendants. )

NONSUIT ORDER

CAME THIS DAY the plaintiff, by counsel, and moved the Court for a voluntary nonsuit

pursuant to Virginia Code § 8.01-380, as to Defendants Michael A. Huntsman, Chad T. Davis,

Timothy C. Clements, Jerry R. Mayberry, Thomas B. Lawton, and Christopher S. Bradner. It

appearing to the Court that no previous nonsuit has been entered with regard to this cause of

action and that no counterclaim, cross-claim or third party claim is pending in this cause, it is

therefore,

ADJUDGED, ORDERED and DECREED that this action is dismissed with prejudice as

to Defendants Michael A. Huntsman, Chad T. Davis, Timothy C. Clements, Jerry R. Mayberry,

Thomas B. Lawton, and Christopher S. Bradner. The case continues as to Defendant Michael B.

Eagle.

The Clerk is directed to send a certified copy of this Order to counsel of record upon

entry.

ENTER this 2} day of April, 2011.

D
()'yJ>0, t)~
Judge

1
 · .

WE ASK FOR THIS: 0273

Verbena M. Askew
Verbena Askew Law Firm
70 W. Mercury Boulevard, Suite 201
Hampton VA 23669
Counsel for Plaintiff

Daniel R. Lauro
Botkin Rose, PLC
3190 Peoples Drive
Harrisonburg, VA 22801
Counsel for Plaintiff

SEEN AND AGREED:

Walter C. Erwin, III

900 Church Street
Lynchburg, VA 24504
Counsel for Defendants

CC:. All fai~ 2