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02-19-2003, 01:14 AM
SAN DIEGO -- Two San Diego police officers acted reasonably when they shot and killed former NFL player Demetrius DuBose during a July 1999 confrontation, a federal jury ruled Tuesday.

After about 12 hours of deliberations, the 10-member U.S. District Court panel unanimously decided officers Timothy Keating and Robert Wills had used justifiable actions.

DuBose, 28, was shot 12 times, including five to his back, during the struggle with police outside an apartment in San Diego's Mission Beach neighborhood. Police said he lunged at them after taking an officer's nunchakus, a weapon consisting of two sticks connected by a short chain.

Officers said DuBose acted aggressively and appeared to be under the influence of a drug. An autopsy showed traces of Ecstasy, cocaine and alcohol in his blood.

The district attorney's office declined to file criminal charges against the officers and federal prosecutors found no evidence they violated his civil rights.

The decision Tuesday came on a wrongful death lawsuit filed by Jacqueline DuBose-Wright, the mother of the former Tampa Bay linebacker, against the officers and the city.

The decision followed a 15-day trial during which witnesses gave conflicting accounts of the confrontation, which came as officers investigated a burglary report.

Deputy City Attorney Frank Devaney called it ''the correct verdict.''

''The officers have been waiting for 3½ years to have their day in court and they had it,'' he said.

''It's been hard on them since the beginning of this and they've gone through years of accusations, being called racists and being called murderers.''

Brian Watkins, the lawyer representing DuBose-Wright, said he would explore an appeal.

''We're extremely disappointed,'' Watkins said. ''But we knew it would be tough going up against the city and the police department.''

Police Chief David Bejarano said the department ''is gratified by the jury's findings, but remains mindful that a man lost his life in this encounter.''

DuBose played for Notre Dame from 1989 to 1992, where he was team captain. He was a second-round draft choice of Tampa Bay in 1993 and played four seasons with the team.



LINK (http://espn.go.com/nfl/news/2003/0218/1510943.html)