As reported bynj.com, a judge ordered Billy Heisler to pay nearly $6 million to Joshua Hahn, the Mercer County Sheriff’s Officer he shot during an off-duty encounter outside a Hamilton pizzeria in 2007. The civil judgment was awarded after Hahn took the witness stand and described how his attempts to intervene in a domestic dispute between Heisler and his sister culminated in a career-ending injury to the 34-year old officer. The 32-year old Heisler, who is awaiting sentencing for attempted murder in Hahn’s shooting, had not responded to Hahn’s lawsuit.     

Superior Court Judge Pedro Jimenez said the shooting, and Heisler’s immediate flight from the scene, showed “particularly callous and evil conduct.” He awarded Hahn $963,871 in lost wages, $1.5 million in pain and suffering, $2.5 million in punitive damages and $1 million for losses incurred by his wife, who was also a plaintiff in the suit. Just how much of the money Hahn will recoup remains to be seen.

According to an attorney who represented Heisler after the shooting, Heisler has been living off funds from a settlement from a lawsuit he filed after being severely injured in an explosion when he was 11. 

Under oath, Hahn testified that he suffered two punctured lungs and a shattered vertebra from the single gunshot to the chest. His injuries forced him to retire on permanent disability. After court, Hahn spoke very little about the civil case. He said he prefers to keep quiet until Heisler is sentenced next month.

“The criminal case has always been my main concern,” Hahn said. “I’m confident he will be sentenced appropriately.” Two weeks ago, a jury convicted Heisler of attempted murder and weapons offenses. Jurors rejected a defense argument that the gun went off accidentally during a struggle between the two men.

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Photo of Donald C. Barbati Donald C. Barbati

Donald C. Barbati is a shareholder of Crivelli, Barbati & DeRose, L.L.C. His primary practice revolves around the representation of numerous public employee labor unions in various capacities to include contract negotiation, unfair labor practice litigation, contract grievance arbitration, and other diverse issues…

Donald C. Barbati is a shareholder of Crivelli, Barbati & DeRose, L.L.C. His primary practice revolves around the representation of numerous public employee labor unions in various capacities to include contract negotiation, unfair labor practice litigation, contract grievance arbitration, and other diverse issues litigated before the courts and administrative tribunals throughout the State of New Jersey. In addition, Mr. Barbati also routinely represents individuals in various types of public pension appeals, real estate transactions, and general litigation matters. He is a frequent contributor to the New Jersey Public Safety Officers Law Blog, a free legal publication designed to keep New Jersey public safety officers up-to-date and informed about legal issues pertinent to their profession. During his years of practice, Mr. Barbati has established a reputation for achieving favorable results for his clients in a cost-efficient manner.

Mr. Barbati has also handled numerous novel legal issues while representing New Jersey Public Safety Officers. Most notably, he served as lead counsel for the Appellants in the published case In re Rodriguez, 423 N.J. Super. 440 (App. Div. 2011). In that case, Mr. Barbati successfully argued on behalf of the Appellants, thereby overturning the Attorney General’s denial of counsel to two prison guards in a civil rights suit arising from an inmate assault. In the process, the Court clarified the standard to be utilized by the Attorney General in assessing whether a public employee is entitled to legal representation and mandated that reliance must be placed on up-to-date information.

Prior to becoming a practicing attorney, Mr. Barbati served as a judicial law clerk to the Honorable Linda R. Feinberg, Assignment Judge of the Superior Court of New Jersey, Mercer Vicinage. During his clerkship Mr. Barbati handled numerous complex and novel substantive and procedural issues arising from complaints in lieu of prerogative writs, orders to show cause, and motion practice. These include appeals from decisions by planning and zoning boards and local government bodies, bidding challenges under the Local Public Contract Law, Open Public Records Act requests, the taking of private property under the eminent domain statute, and election law disputes. In addition, Mr. Barbati, as a certified mediator, mediated many small claims disputes in the Special Civil Part.

Mr. Barbati received a Bachelor of Arts degree in history, magna cum laude, from Rider University in Lawrenceville, New Jersey. Upon graduating, Mr. Barbati attended Widener University School of Law in Wilmington, Delaware. In 2007, he received his juris doctorate, magna cum laude, graduating in the top five percent of his class. During law school, Mr. Barbati interned for the Honorable Joseph E. Irenas, Senior United States District Court Judge for the District of New Jersey in Camden, New Jersey, assisting on various constitutional, employment, and Third Circuit Court of Appeals litigation, including numerous civil rights, social security, and immigration cases.