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Date set in shooting suit

Kenney will face off against and Franconia Floyd in 2012

December 14, 2010
CONCORD—Almost five years after the shooting that claimed the lives of Franconia Police Cpl. Bruce McKay and Liko Kenney of Easton, both of them—or at least their legacies--will face off again, this time in court.

A date has been scheduled—April 3, 2012— in the wrongful death suit in U.S. District Court in Concord, brought in May by David Kenney, Liko's father, against Franconia Police Chief Mark Montminy, Police Sgt. Mark Taylor, and McKay himself, "posthumously, in his official capacity," according to the suit.

Also being sued is Gregory Floyd, of Easton, currently serving a one to three year sentence in the New Hampshire State Prison for a criminal threatening charge. Floyd shot Kenney in the now famous—and infamous—incident May 11, 2007 on Route 116 in Franconia, near the Easton town line.

On that day McKay pulled over Kenney and passenger Caleb Macaulay for having an expired registration. When McKay refused to call another officer Kenney drove from the scene, pursued by McKay, who forced the car over and pepper sprayed Kenney. When McKay turned his back, Kenney shot him five times in the back and side with a .45 semi-automatic pistol, then ran him over with his car, killing the officer.

Floyd witnessed the incident and picked up McKay's service weapon and shot Kenney, killing him before he could leave the scene.

David Kenney, in his capacity as the executor of Liko's estate, is suing McKay for violating his son's civil rights, asserting that McKay and town officials violated his right to be free from unreasonable search and seizure was infringed. Kenney is also suing for severe emotional distress caused by McKay when McKay pepper sprayed him during the incident. He is suing Floyd for the alleged wrongful death of his son, asserting Liko was no longer a threat when he shot him.

In the suit Kenney laid out the sequence of events, as he believed they happened during the incident, including a claim that Floyd shot at Liko's car from the front while it was moving and trying to get away from the scene. This alleged bullet in the windshield shot from the front was not in the original Attorney General investigation of the incident, though it has been suggested many times by those who question the justness of Floyd's actions that day.

Court officials confirmed Monday that all parties have been served in the case.

Kenney's attorney, Charles O'Leary, of Manchester, could not be reached for comment, Monday.

Martin Lord Osman
Varney Smith
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