Updated 11/17/2009 11:22 AM
NY1 Exclusive: Wife Of Fallen FDNY Probie To Sue City
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The wife of a probationary firefighter who collapsed and died during training last year is set to file a $10 million suit against the FDNY on Tuesday. NY1's Dean Meminger filed the following report.Police officer Sherita Sears says it was time for her to speak out about the untimely death of her firefighter husband, Jamel.
"Because people will know what really happened. Because people read the paper and they see heart shocker, heart attack. That's not what happened. What happened behind the scenes needs to be exposed," Sears said.
Probationary firefighter Jamel Sears died a year ago after completing a vigorous training exercise at the fire academy.
The FDNY says he collapsed after finishing the course wearing 100 pounds of equipment and carrying a 100-pound dummy. Sherita Sears says other probies told her he was the only one forced to do the grueling exercise every day for two weeks leading to his death.
"At one point he said 'I'm so tired but I have to do it because I have to let them know I want the job. I can't quit,'" Sears said.
The medical examiner found the 33-year-old died of acid in his blood and dehydration complicated by strenuous exertion.
Attorney Ken Thompson says it is a case of discrimination and neglect. He says the training academy didn't have the proper medical equipment to save him.
"They didn't even have a functioning oxygen tank necessary to give Mr. Sears oxygen while he was lying on the ground dying," Thompson said.
The family says Sears was discriminated against because he was black. The Navy vet was a part of the FDNY's most diverse class ever. The department has been sued for lacking diversity, with almost 90 percent of firefighters being white.
"Although they had people of color in this class, it does not necessarily mean they thought that this was a great idea," Thompson said.
"When he fell down, he walked over stumbling and he said, 'Can you please remove this equipment, take this equipment off of me.' One of the probies tried to help him. The instructors told him, to get away from him, leave him alone. Let him get up on his own," Sears said.
In response, the city law department called Sears' death "a tragic accident" and that "the allegations go against the Fire Department's core values of teamwork, training, honor and succeeding together. We train all of our firefighters equally."
The autopsy report also mentions Sears had serious heart disease. His wife says, if so, the FDNY should have caught that during his departmental medical exam.