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Updated 12:09 AM EST Dec 17, 2019An unarmed man who was shot in the back by an Indianapolis police officer has received one of the largest settlements in the city's history.The officer who shot him has been the subject of more than a half-dozen other citizen complaints and two other pending federal lawsuits. Nonetheless, he still works for the Indianapolis Metropolitan Police Department.Indianapolis last month agreed to pay $2.15 million to Gerald Cole to settle a lawsuit stemming from an October 2016 incident.

Officer James Perry shot Cole twice during an altercation with Cole and his brother. The bullets left Cole partially paralyzed and facing a lifetime of medical bills that are expected to total millions of dollars.' He doesn't really have the potential to regain the ability to walk, or live on his own or do many things he could before,' said Richard Waples, Cole's attorney. 'His life is forever changed.' The massive payout to Cole suggests city officials were cognizant that his account of what led to the shooting — which differed from the officer's story — could elicit a much higher award if the case went to a jury. Jenna Watson/IndyStarThe settlement is more than three times greater than the $650,000 agreement reached last year with the family of Aaron Bailey, an unarmed man who was shot and killed by police after a traffic stop and brief police chase. It also is more money than the city spends on all settlements combined in some years.

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Indianapolis, for example, spent $1.2 million to settle 43 cases in 2016.The combination of Cole's severe injuries and Perry's history of complaints and lawsuits spanning his five-year IMPD career were likely factors in the unusually high settlement from the city.But John Kautzman, an attorney retained by the local Fraternal Order of Police who represented Perry, said in a statement that the city likely struck the deal because of budget considerations.A grand jury declined to indict Perry criminally in the Cole shooting. An IMPD board that reviews all shootings for potential administrative violations found Perry's shots to be justified.“We believe Officer Perry was defending himself and acted appropriately. In the settlement we made no admission of liability,' Kautzman said. 'Officer Perry and I are confident if the case would have gone to trial, the jury would have agreed with us. However, the city gets to make its own financial and budgeting decisions. We respect the City’s right to make those decisions and to settle the case as it sees fit.” Different accounts of the shootingCole and Perry agree on few details in their accounts of the incident, which were filed in court documents.Perry was dispatched to the 100 block of North Denny Street on Oct. Perry confronted Stephen Cole, Gerald's brother, who was on the sidewalk and carrying a box, according to court documents.

Gerald Cole was nearby.Perry ordered him to put the box down and Stephen Cole complied. When told to sit on the ground, however, Stephen Cole objected. He said he had done nothing wrong and was not under arrest. Jackie Molloy/IndyStar file photoThat's where the accounts begin to differ. Perry argues that Gerald Cole assaulted him and reached for his gun, forcing him to respond in self defense. Gerald Cole, though, contends that he went to the aid of his brother, who was being held by Perry for no reason, and then was shot while running away.Perry took Stephen Cole 'to the ground, got on top of him, and threatened to hit him,' according to the November 2016 lawsuit.Gerald Cole then grabbed Perry, saying he did so in an effort to prevent his brother from getting hurt. Gerald Cole said he turned to run from the officer when he saw Perry reach for his weapon.Perry fired his weapon and struck Gerald Cole in his back and arm.

Cole says he was 25 feet away from Perry when he was shot; Perry says he was closer.Neither Gerald Cole nor his brother were armed. 25 pills per dayGerald Cole was taken to Eskenazi Hospital where, according to a life care plan submitted to the court by Cole's legal team, he told doctors he had 'no feeling in his legs.' Later examinations revealed Cole sustained 'catastrophic' injuries: a burst fracture in the spine, nerve root damage, loss of bladder and bowel control and traumatic shock.He spent eight days in the hospital and another month at in-patient rehabilitation. Multiple complications, follow-up procedures and doctor's visits followed.

Jenna Watson/IndyStarThe bullet in Cole’s back remains lodged near his spine, leaving him mostly without feeling — except for bouts of pain — from the waist down, according to court documents.Now 53 years old, Cole's long-lasting effects from the shooting remain numerous. He lives at home with his mother and requires daily assistance from home health aides. Help is needed with dressing, bathing and using the bathroom. He's also wheelchair-bound and has to take upwards of 25 pills each day.' It's to the point that sometimes I've even just held my legs and (was) like, 'I don't want to do this no more, I'm tired of doing this,' Cole said in a June 2018 interview with IndyStar.

'Not that I'm ready to give up, but that I'm just tired of going through what I'm going through.' 'How come this guy wasn't on the map?' Prosecutors did not file criminal charges against either Gerald Cole or his brother, who was arrested that day on preliminary charges of resisting law enforcement.Perry went through “significant training,” according to IMPD spokeswoman Aliya Wishner. The list included training on communicating, de-escalation and 10 hours of additional use-of-force training.Perry returned to the street in December for about four months. He was taken back off the street in April.

He’s now a detective in IMPD’s Incident Analysis Center, which provides remote support to patrol officers who are responding to calls. Mykal McEldowney/IndyStarIMPD Chief Bryan Roach, through a spokeswoman, did not answer an IndyStar question about whether Perry’s documented history of citizens complaints played any role in the large settlement for Cole.That history includes at least eight complaints by citizens, most of which were cleared.Still, Perry’s actions were concerning to Roach. In an interview for a lengthy story about Perry in June 2018, Roach lamented the lack of an early-warning system for detecting officers with behavioral problems.Roach, referring to Perry, wondered: 'How come this guy wasn't on the map?' Cole’s attorney submitted that story, which contains numerous details about the complaints and Roach’s response, as an exhibit in the federal lawsuit May 29.Cole and city attorneys reached a settlement five days later.Waples, Cole's attorney, said the payout was one of the largest he's settled. For him, 'it makes sense,' given the 'enormous harm caused' by the shooting.'

I think the city recognized that Perry had issues with his history, and his behavior in this instance. The harm he created was substantial, and they recognized the need to step up and compensate Gerald for what happened to him,' Waples said. 'And they did.'

Even so, the settlement payout could have been even higher. According to court documents, the estimated annual cost of Cole's care could be nearly $190,000.

The estimated cost over his lifetime adds up to more than $5.6 million.Roach, in a statement, said the department had a responsibility to be 'good stewards of public funds.' 'The undeniable reality of taking a case to trial is that it presents risks for both sides — particularly when a case involves substantial past and future medical expenses,' Roach's emailed statement said. 'While we do not make these decisions lightly, we believe this agreement allows us to limit the risk to taxpayers while also guaranteeing that Mr. Cole will have meaningful help with his medical expenses.”​ Two more lawsuitsThe 2016 Cole shooting came at the end of Perry's second year on the job; he joined the department as a recruit June 2, 2014.But with that case settled, two others are ongoing.One stems from an incident in April 2016, when Perry fought with the boyfriend of a pregnant motorist after she was involved in a car crash near East 30th St. And Post Road. In a federal lawsuit, Bria Fisher — five months into a high-risk pregnancy at the time — and boyfriend Michael Miller allege Perry was aggressive from the start.He asked Miller to move away from his girlfriend, according to the lawsuit. When he refused, Perry 'forcefully' grabbed Miller’s arm and then 'tackled him to the ground' to handcuff him. He also handcuffed Fisher behind her back, despite 'repeated attempts to inform Perry of her high-risk pregnancy.'

Both were arrested.Miller was charged with battery against a public safety officer, resisting law enforcement and disorderly conduct. Fisher was charged with battery against a public safety officer and resisting law enforcement. All charges were later dismissed.Miller and Fisher filed complaints.