Posted at 9:57 a.m., Friday, December 7, 2001

Federal jury awards $50,000 in Pupukea shooting

Associated Press

The family of a man who was fatally shot by a police officer in 1998 was awarded $50,000 yesterday by a federal court jury.

Fortunato Barques III died two months after he was shot twice in the back by Officer Mark Boyce near the Pupukea heiau on the North Shore.

Police officials have said Boyce fired after he saw Barques reaching for a gun. Relatives said the shooting was unprovoked.

City prosecutors concluded Boyce was justified in shooting because he believed he was protecting himself against death or serious bodily injury.

But the jury held Boyce used excessive force and that the city failed to provide proper training for officers.

The money will go to Barques' two children.

An out-of-court settlement of the lawsuit filed by the family was reached in August, but the City Council refused to fund it.