Attacker Sues Man Who Aided Police; Jury Disagrees

FT. WORTH — Lee Lively thought he was doing the right thing when he shot a drunken driving suspect who had beaten up a policeman and was running away.

His faith was shaken when Jesus Puentes demanded $1.7 million for his wounds.

But a jury said Puentes is the one who must pay--$1.75 million in punitive damages and $1,000 for Cpl. Randy Whisenhunt’s injuries.

“We just wanted to make a statement. We’re tired of the frivolous lawsuits that are plaguing our court system,” juror Elsie Bowles said.

Lively’s journey from Samaritan to defendant began Feb. 17, 1990, when he saw Puentes grabbing for Whisenhunt’s gun. The officer managed to knock it away, but ended up with Puentes sitting on his chest, beating his face.

Lively said he leaped out of his truck and beat Puentes to the gun. As Puentes began to run, Lively said he shouted for him to stop, then shot him twice in the legs.

Puentes, who is serving a life sentence for Whisenhunt’s beating, said he never heard any order to stop.

Puentes’ lawyer, Barry Johnson, said Lively was negligent and used excessive force, since Puentes was unarmed.

But Whisenhunt countersued.

The cases were heard by the same jury, which ruled against Puentes.