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LANIER TWP., Preble County — "We didn't want to settle," Sharon Helriggle said Tuesday, on the eve of the fourth anniversary of her son Clayton's death.

"We always wanted to take it to trial."

Sharon and husband Michael were prepared to begin the civil lawsuit in federal court on Aug. 28 that alleged wrongful death in the case of their son, who was 23 when a member of the Preble County Emergency Services Unit shot him during a botched drug raid on Sept. 27, 2002.

"It was never about the money," she said.

The Helriggles said they received a little more than $500,000 from the county. The family felt inclined to accept the settlement after being advised by their attorneys that they stood little chance of having the case heard in court, and an even slimmer chance of receiving damages.

"In May we started talking about settling," Sharon Helriggle said.

The attorneys for the family, James Swaim of Dayton and C. David Ewing of Louisville, chose not to comment Tuesday.

County officials did not return a phone call.

The case that made the Helriggle's lawsuit nearly impossible to pursue, according to the Helriggles' account of what their attorneys told them, was the June 15 U.S. Supreme Court ruling on Hudson v. Michigan.

That case dealt with the Fourth Amendment, which guards against unreasonable searches and seizures without warrants, knock-and-announce raids, and the exclusionary rule under which evidence seized unlawfully is rendered inadmissible in court.

In its 5-4 decision, the court's majority wrote regarding the Detroit case, "although the entry was a knock-and-announce violation, in balancing social costs against deterrence, the exclusionary rule was an inappropriate remedy for such a violation."

Clayton Helriggle's aunt, Sue Cummings, said, "We really believed we would get into court, that there would be justice for Clayton.

"We wanted the county to be in the courtroom and have the court tell them they couldn't do this. Don't do this again."

Sheriff Tom Hayes, now deceased, disbanded the emergency services unit shortly after the raid because of budgetary reasons.

Cummings said she is distressed by the settlement.

Sharon Helriggle said, "There's no closure. Not when you lose a child and you are not able to get your day in court.... We'll try to pick up what is left of our lives and move on."

A memorial for Clayton is scheduled for 6 p.m. today at Fairview Cemetery, south of U.S. 35 on Ohio 503. Call Cummings at (937) 839-1169, for information.