Jeffrey Surface and Laura Pavlech, Caleb Surface’s parents, filed a lawsuit on Jan. 20, 2015, in the U.S. District Court in Cincinnati. They filed the suit against then-Fairfield Police Officer Scott Conklin, the officer who shot and killed Surface, as well as the city, then-Police Chief Mike Dickey and other responding officers.
Federal Judge Timothy Black previously dismissed the case against all but Conklin. A trial was set to proceed ahead of the settlement, according to court records.
INITIAL STORY: Fairfield man killed in officer-involved shooting identified (Jan. 19, 2014)
”The city’s insurer made the decision to settle the remaining claim against the former officer and no city funds were used towards the settlement,” said city spokesperson Jenny Dexter. “The city accepts that decision resolving this matter of disputed liability.”
At around 8 p.m. on Jan. 18, 2014, Caleb Surface attempted to break into his father’s home on Spyglass Hill Court, according to court documents. He was confronted by his father, who called 911 and said his son was “getting out of control and is nuts and I need him removed from the house,” according to documents.
Jeffrey Surface told police dispatchers his son was “in his room, he’s trying to open the door, grab a knife or something. I almost had to shoot him.”
When an officer arrived at the residence, Caleb Surface had already run out of the back door.
Conklin was one of the Fairfield police officers called to set up a perimeter around the house to locate Caleb Surface. Jeffrey Surface told police his son might have been suicidal.
Caleb Surface was located a few hundred feet from the home within minutes of the incident by Conklin, who said Caleb Surface would not stop when ordered.
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When Caleb Surface did stop, he told Conklin he had a gun and would kill him, according to court documents. Conklin said he fired two shots after Caleb Surface put his hand in his pocket and made a furtive movement, according to investigators.
Caleb Surface died at the scene. The officer believed he had a gun, but he only had a cordless phone — taken from his father’s home — in his possession.
A Butler County grand jury in 2014 declined to bring any criminal charges against Conklin, but Jeffrey Surface believed the officer’s account of his son’s death wasn’t accurate.
Prior to the incident, Conklin was recommended for “separation from service,” according to his Fairfield personnel records, due to “unacceptable performance and attendance,” missing a court date and violation of department rules.
In Black’s decision denying Conklin’s request for a dismissal, the former officer “asserts that prior to discharging his police firearm, Caleb twice stated he had a gun … Officer Conklin further asserts that after he directed Caleb to keep his hands visible, Caleb responded by stating ‘Are you not listening to me? I have a gun. I will kill you.’”
The judge also wrote that witness affidavits failed to corroborate Conklin’s account, and “there are three witnesses who observed interaction between Officer Conklin and Caleb and that these witnesses did not hear Caleb ever make any statements to Officer Conklin.”
Staff writer Lauren Pack contributed to this story.
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