Conference Set In Helman Lawsuit

October 20, 2016 at 4:50 p.m.

By Michael [email protected]

Another step in a wrongful death suit filed in connection with the death of a Cromwell man is set for Friday in Kosciusko Circuit Court.
A telephone status conference is set for 1:15 p.m. Friday to set a hearing date for a defense motion to dimiss the suit.
The suit was filed by Atta Belle Helman and Larry Dewayne Helman in connection with the Aug. 25, 2014, death of Gary Helman. Atta Belle is Gary’s mother and Larry is Gary’s brother.
Gary died after being shot by bail recovery agents in the home he shared with the plaintiffs.?His brother and one of the bail recover agents were injured.
Named as defendants in the suit are Barnett’s Bail Bonds Inc., The Papers Inc., Stacey Staley, Tadd S. Martin, Daniel S. Foster and Michael C. Thomas.
The hearing Friday is in regard to a defense motion to dismiss the lawsuit filed on behalf of The Papers Inc.
The Papers,?Staley’s employer at the time of the incident, says the plaintiffs failed to show the publishing company was “negligent in failing to train and supervise its employee.”
Staley interviewed Gary Helman at his mother’s residence shortly before the shootout.
The suit alleges Staley acted in concert with the bail recovery agents to create a violent situation that led to Gary’s death.
The suit claims Staley used her status as a reporter to befriend and locate Gary Helman, and met with him to interview him as a “ruse.”
The suit alleges she then relayed information to the three bail recovery agents about how many people lived in the house and the clothes they were wearing, the suit claims.
The three bail recovery agents – Tadd Martin, Daniel Foster and Michael Thomas –  were working for Barnett’s Bail Bonds, later went over to the residence to arrest Gary Helman on a outstanding warrant, the suit states.
During the arrest attempt, a gunfight ensued, resulting in the death of Gary Helman and the injuries to Martin and Larry Helman.
No criminal charges resulted from the incident.
The Papers claims it was not responsible for the actions of Staley.
The Papers states “neither Staley nor The Papers Inc. patriciated in any criminal acts, specifically an alleged home invasion, shot anyone to death or generally terrorized anyone,” court records state.
The Papers Inc. “had no indication or reason to believe that the alleged actions of Staley would represent a new harm to the Helmans.”
In their response, attorneys for the Helmans state “The argument of the defense seems to be that because a warrant had been issued for Gary Helman, it was perfectly fine for The Papers and their employee to work in concert with armed bail recovery agents to arrange for a violent home invasion.”
The plaintiffs argue that Indiana law does not provide immunity for bail recovery agents for their adverse actions nor are they given a right to execute warrants.
After arguments are heard, Judge Michael Reed is expected to rule on the  motion to dimiss the case.
The plaintiffs are seek compensatory damages for medical and psychological bills, lost wages and emotional distress. No dollar figure has been listed.

Another step in a wrongful death suit filed in connection with the death of a Cromwell man is set for Friday in Kosciusko Circuit Court.
A telephone status conference is set for 1:15 p.m. Friday to set a hearing date for a defense motion to dimiss the suit.
The suit was filed by Atta Belle Helman and Larry Dewayne Helman in connection with the Aug. 25, 2014, death of Gary Helman. Atta Belle is Gary’s mother and Larry is Gary’s brother.
Gary died after being shot by bail recovery agents in the home he shared with the plaintiffs.?His brother and one of the bail recover agents were injured.
Named as defendants in the suit are Barnett’s Bail Bonds Inc., The Papers Inc., Stacey Staley, Tadd S. Martin, Daniel S. Foster and Michael C. Thomas.
The hearing Friday is in regard to a defense motion to dismiss the lawsuit filed on behalf of The Papers Inc.
The Papers,?Staley’s employer at the time of the incident, says the plaintiffs failed to show the publishing company was “negligent in failing to train and supervise its employee.”
Staley interviewed Gary Helman at his mother’s residence shortly before the shootout.
The suit alleges Staley acted in concert with the bail recovery agents to create a violent situation that led to Gary’s death.
The suit claims Staley used her status as a reporter to befriend and locate Gary Helman, and met with him to interview him as a “ruse.”
The suit alleges she then relayed information to the three bail recovery agents about how many people lived in the house and the clothes they were wearing, the suit claims.
The three bail recovery agents – Tadd Martin, Daniel Foster and Michael Thomas –  were working for Barnett’s Bail Bonds, later went over to the residence to arrest Gary Helman on a outstanding warrant, the suit states.
During the arrest attempt, a gunfight ensued, resulting in the death of Gary Helman and the injuries to Martin and Larry Helman.
No criminal charges resulted from the incident.
The Papers claims it was not responsible for the actions of Staley.
The Papers states “neither Staley nor The Papers Inc. patriciated in any criminal acts, specifically an alleged home invasion, shot anyone to death or generally terrorized anyone,” court records state.
The Papers Inc. “had no indication or reason to believe that the alleged actions of Staley would represent a new harm to the Helmans.”
In their response, attorneys for the Helmans state “The argument of the defense seems to be that because a warrant had been issued for Gary Helman, it was perfectly fine for The Papers and their employee to work in concert with armed bail recovery agents to arrange for a violent home invasion.”
The plaintiffs argue that Indiana law does not provide immunity for bail recovery agents for their adverse actions nor are they given a right to execute warrants.
After arguments are heard, Judge Michael Reed is expected to rule on the  motion to dimiss the case.
The plaintiffs are seek compensatory damages for medical and psychological bills, lost wages and emotional distress. No dollar figure has been listed.
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