A Brooklyn man who spent 18 years behind bars after being framed for murder by a notorious, mobbed-up NYPD detective settled a lawsuit yesterday for $9.9 million — a record for a civil-rights suit against the city.
Less than a week before his civil trial was to start, Barry Gibbs, 62, agreed to the deal as compensation for being set up by “Mafia Cop” Louis Eppolito.
“It’s been a long time coming,” Gibbs said. “It’s the lowest amount that I would have accepted. There is no price you could put on it.”
Police-sodomy victim Abner Louima had previously won the most from a claim against the city — $8.75 million.
“We have agreed to settle this case and believe it is in the best interest of all parties,” said Connie Pankratz, spokeswoman for the city Law Department.
Gibbs, who knew the victim, Virginia Robertson, was convicted of strangling her and dumping her body on the Belt Parkway in 1988.
At the time, he was just getting his life back together, returning to his job as a postal worker after overcoming drug addiction.
The only eyewitness in the case, Peter Mitchell, was coerced into perjuring himself on the witness stand by Eppolito, a detective in the 62nd Precinct moonlighting as a hit man for the Luchese crime family.
The wrongful conviction of Gibbs was a disturbing footnote to the case of Eppolito and partner Stephen Caracappa.
The two were convicted in 2006 and sent away for life for their murderous career in the 1980s and 1990s, in which they settled scores for an underboss. They were found guilty of helping in eight murders.
Gibbs was released from prison in 2005 after Mitchell recanted his testimony and said Eppolito told him to lie by threatening to jail him on a parole violation.
Barry Scheck, Gibbs’ lawyer, said Eppolito framed his client to protect a Luchese mobster who was a suspect in the case.
“He betrayed all the good cops out there,” Scheck said.
Gibbs sued the city and Eppolito in 2006 for $18 million. Still bitter from the frame-up, Gibbs was torn yesterday over settling.
“I think the whole criminal-justice system needs an overhaul,” the Canarsie man said.
“It’s not just the cops; it’s the whole justice system. They’re lucky that they got away with what they got away with.”
He planned to go out last night for steak with his three grandchildren, who he says will be the primary beneficiaries of his windfall.
“I’m going to live each day like it’s my last, because I value my freedom,” he said. “You never know when it will be taken away.”
