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Sunday, July 17, 2022

Jesse Dimmick: Suing Your Victims

     Jesse Dimmick and another man were suspects in the September 7, 2009 beating death of 25-year-old Michael Curtis, a murder that took place in Aurora, Colorado. The authorities arrested the other man but Dimmick remained at large. On September 12, 2009 when police officers in Kansas encountered Mr. Dimmick driving through the state in a stolen van Jesse Dimmick refused to pull over. A high-speed vehicle chase ensued.

     In Dover, a suburb of Tokeka the fleeing suspect crashed the stolen vehicle near a house occupied by Jared and Lindsay Rowley. To hide from the police he forced his way into the newlywed's home and held them hostage at knife-point.

     To calm the armed intruder the Rowleys fed him Cheetos and Dr. Pepper as he watched the movie "Patch Adams." The terrified hostages  promised that when the armed intruder left their house they would not call the police. Later that night when he fell asleep the Rowleys slipped out of the dwelling.

     A short time after the hostages escaped, the home invader awoke to the sounds of a Topeka SWAT team storming into the dwelling. Officers cornered Dimmick in the bathroom and wrestled him to the floor. In the course of the scuffle a police sergeant's AR-15 accidentally discharged. The bullet entered Dimmick's back as he lay face-down on the floor. The officer, a 21-year veteran of the force, was placed on a three-day leave of absence for not having the rifle's safety on.

     In May 2010, a jury in a Shawnee County Kansas court found Jesse Dimmick guilty of two counts of kidnapping. The judge sentenced the defendant to eleven years in prison.

     The Rowleys, in October 2011, sued Jesse Dimmick for causing them emotional stress. At the time he was incarcerated in the Adams County Jail in Brighton Colorado awaiting his trial in the Michael Curtis murder case. The victims of the home invasion were seeking $75,000 in damages. A month later Mr. Dimmick filed a counter-suit against his former hostages in which he sought $235,000 in damages. He accused the Rowleys of breaching their oral contract not to notify the authorities. Because he couldn't find a lawyer to take his case, Mr. Dimmick represented himself in the action. His damages were based on medical bills related to the police caused gunshot wound and his pain and suffering as a result.

     In January 2012 a Shawnee County judge dismissed Jesse Dimmick's counter-suit against the Rowleys. Eight months later he was back in court, this time as a plaintiff in a civil action against the Topeka Police Department. Based on his assertion that he had been seriously injured as a result of Sergeant Guy Gardner's negligent handling of the AR-15, Dimmick was asking the city to reimburse him $185,000 for his medical bills, $150,000 for future economic loss and $100,000 for his pain and suffering. In this civil action Mr. Dimmick had professional legal representation.

     On September 13, 2012 the civil case jury, after deliberating two hours, found that the Topeka SWAT officer had not been negligent or at fault in Dimmick's accidental shooting. The jurors obviously did not want this plaintiff to benefit in any way from his invasion of the Rowley home.

     A Kansas appeals court, in September 2012, upheld the Dimmick kidnapping conviction.

     In May 2013 Dimmick pleaded guilty to second-degree murder in the Michael Curtis murder case. The Adams County Colorado judge sentenced him to 37 years in prison.

      A month after Dimmick's murder conviction, Shawnee County District Judge Franklin Theis dismissed the Rowley lawsuit against him on procedural grounds. The Rowleys were free to refile the action. 

1 comment:

  1. I was this man's cellmate in Kansas prison for a year and he did wrong but also I know he 100 percent sure got screwed by the system from his being shot to first getting robbed by the Colorado victum then the ppl in Topeka my home town now taking money to hide him then turning him in and keeping the money you all are dirty and the cop that "accidentally" shot him information said he had a knife you had a AR15 and couldn't handle it dumbfuck