An attorney for The Papers Inc., argued on Tuesday a wrongful death claim against the company is insufficient to move forward in Kosciusko Circuit Court.
Judge Michael Reed heard arguments for a motion to dismiss the suit, filed by The Papers and joined by Stacey Staley. The suit also names Barrett Bail Bonds and bond recovery agents Tadd Martin, Daniel Foster and Michael Thomas in the suit.
The suit results from an incident in 2014 where the agents stormed a house to arrest Gary Helman on an outstanding warrant. A gunfight ensued, resulting in the death of Helman and injuries to his brother, Larry, and Martin. No criminal charges were ever filed.
The suit, filed by Larry and Atta Belle Helman, alleges Staley, also known as Stacey Page, a reporter for The Papers and founder of StaceyPageOnline.com, acted in concert with the bail bondsmen to set up the arrest. She allegedly provided the bond recovery agents with information as to how many people were in the house and what the residents were wearing.
Phil Kalamaros, the attorney for The Papers Inc., argued the plaintiffs haven’t sufficiently shown The Papers and Staley were responsible in the case. Kalamaros argued that providing information is not a sufficient reason to charge the company or Staley with negligence.
“She didn’t shoot anybody, she wasn’t even there,” Kalamaros said. He argued that if she provided the information to the recovery agents, “They are trying to import someone else’s actions on her (Staley).”
Reed told Kalamoras that some of his arguments are best saved for later in the process. “These are matters of fact, and we’re not there yet,” Reed said. Kalamaros said this was the best chance to stop a weak claim.
Bradley Colborn, attorney for the Helman family, argued the responsibility lies in not violating people’s rights. Residents have a right to not have their homes invaded, and if The Papers knew what Staley was planning, then they owe a responsibility to the plaintiff.
“The defense’s whole argument seems the complaint isn’t specific enough,” he argued.
Reed took the motion under advisement and will issue a ruling later. He did not specify a date.
The Helman family has filed a similar case in federal court.
