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Posted by: kwflatbed

$1.5 million to go to the mother of boy killed by LAPD officer

Richard Winton, Times Staff Writer

Copyright 2006 Los Angeles Times
All Rights Reserved

The city of Los Angeles has reached a tentative financial settlement in a wrongful death lawsuit over the police killing of 13-year-old Devin Brown.

Officials declined to disclose the sum that would go to Brown's mother, Evelyn Davis, but three sources familiar with the case said it was at least $1.5 million.

Officer Steven Garcia shot Brown on Feb. 6, 2005, in South Los Angeles, as the boy backed a stolen Toyota Camry toward a police car about 4 a.m. at the end of a brief car chase. Police said that Brown was driving erratically and that they suspected him of drunk driving. Garcia fired 10 shots, hitting the youth seven times.

The shooting inflamed political and racial tensions. Garcia is Latino and Brown was African American.

The death also led to significant policy changes in the Los Angeles Police Department, including restrictions on officers shooting at moving cars.

The settlement was reached Tuesday as attorneys prepared for an April 24 trial date, court records show. The City Council is scheduled to consider approving the settlement July 1.

Brian Dunn, the Brown family attorney, declined to comment, citing a gag order. The city attorney's office would not comment either.

The Los Angeles Police Commission ruled in February that Garcia violated departmental rules and should face possible discipline for the shooting. Investigators estimated that Brown was driving 10 to 12 mph when he scraped the passenger side of Garcia's cruiser, and 2 mph or less when the officer, who had scrambled out of the way of the car, opened fire.

When he fired, Garcia was standing to the side of the car and not in its path, the commission found.

Police Chief William J. Bratton had come to the opposite conclusion, saying Brown's vehicle threatened Garcia's life. Prosecutors also rejected criminal charges, citing self-defense.

The Brown family lawsuit said Garcia was never in danger, and it alleged negligence in the city's hiring, training and supervision of the officer.

After the teenager's death, the Police Commission imposed restrictions on shooting at moving vehicles. Officers must first try to get out of the way of the vehicle. If that proves impossible, or if there is another deadly threat -- a gun -- they may shoot.

Almost a year before Brown died, the department had begun reviewing the shooting policy, after officers killed a gas station holdup suspect who slowly drove toward them in reverse.

A departmental panel, known as a Board of Rights, will decide this summer what, if any, discipline Garcia will receive, police officials said.

The decision that Garcia's action was outside departmental policy was made by the new Police Commission selected by Mayor Antonio Villaraigosa and headed by former Urban League President John Mack.

Before his appointment, Mack was one of the fiercest critics of the Brown killing.

The decision to refer Garcia for possible sanctions enraged police union leaders but was praised by activists, who said the new board was exerting a higher level of civilian oversight than ever before.

April 13, 2006

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Posted by: 94c

give a single officer a split second to reach a decision that ends up taking the LAPD, the commission, and a bunch of lawyers a year to decide.

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Posted by: RPD931

You gotta love LA. The Chief says it was a good shooting and the retard civilian - no L.E. training - board rules otherwise. Man is that messed up.

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Posted by: MA218

Sadly it comes as no suprise.....

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Posted by: LA Copper

See any similarities to the Plymouth PD shooting? Both juveniles, both out in the middle of the night, both committing felonies, both involved in a pursuit, both drove their vehicles at the police, etc...

I was at scene on this incident. The suspect did indeed back his car into the police car at a fairly high rate of speed. There was significant damage to both cars. As you know, the officer who fired only had a second or two to make a decision...

Luckily you guys back there don't get sued nearly as much as we do out here, big city equals deep pockets, or so they think... Chief Bratton was a "stand up guy" on this one. He backed the officer 100%. Four out of the five members of the Police Commission are a bunch of liberals that the new liberal mayor handpicked. Such is life in the big city.

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Posted by: Killjoy

Quote:

Four out of the five members of the Police Commission are a bunch of liberals that the new liberal mayor handpicked.

Maybe that's why LAPD has such a high attrition rate, a cop's job is hard enough without a bunch of civilians on some review board constantly crapping on you. Do other law enforcement agencies in California have a similiar boards?

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