news-record.com

GREENSBORO (AP) — A lawsuit accusing a Moore County deputy of excessive force in a 2002 shooting that killed a soldier during Special Forces training in central North Carolina was scheduled to go to trial this week.

Stephen Phelps and the estate of Tallas Tomeny have sued the Moore County Sheriff's Department and the deputy, Randall Butler. Their lawsuit scheduled for trial Tuesday contends that Butler fired at the men without provocation after the deputy pulled over their truck.

Court documents portray a chaotic scene on Feb. 23, 2002, that remains in dispute.

The soldiers believed Butler was part of the annual role playing exercise called Robin Sage in which Green Beret candidates spend 19 days in the communities near Fort Bragg. Their lawsuit says Tomeny repeatedly used a common code word to indicate that they were part of the exercise.

Butler shot Tomeny after searching him, according to the lawsuit. The complaint says the deputy shot Phelps as he tried to run from the scene. Neither was armed with a weapon at the time.

Their lawsuit accuses Butler of "reckless indifference and callous disregard" for the rights of the men and it seeks unspecified damages.

Butler contends in his own lawsuit against the federal government that he wasn't aware of the training exercise. He pulled over the truck because it was suspicious and reported seeing what appeared to be two machine guns in a bag.

Butler says in his complaint that Tomeny lunged to grab for the deputy's holstered weapon before Butler sprayed him with pepper spray. He said he shot at Phelps after the soldier jumped out of the back of the truck and rummaged through the bag where the deputy saw the machine guns, refusing to stop on command. And he said he shot at Tomeny, believing that soldier was reaching for a gun.

The deputy's lawsuit hasn't yet been scheduled for trial.