$50M Suit says a VA Beach Cop Gunned Down Donovon Lynch as He Posed No Threat. Cop Never Attempted to Determine His Identity and Couldn't Have Confused Him w/Someone Else Due to His Large Size
From [HERE] and [HERE] The legal team for the family of Donovon Lynch, the Black man who was fatally shot by a Virginia Beach officer on March 26 while multiple shootings were happening at the Oceanfront, have filed a complaint against the City of Virginia Beach.
They said the complaint is about the tragic shooting and killing of Lynch. The shooting gained national attention due to the victim’s relation to Pharrell Williams, who shared news of Lynch’s death in a since-deleted Instagram post and spoke at Lynch’s memorial service in April. The documents state the family is suing for $50 million in damages and $350,000 in punitive damages against Simmons.
The legal team said the complaint provides some additional context around the shooting as well as the police response. It also names for the first time the officer involved - Solomon Simmons.
The legal team went on to say, "Counts brought against the city and the officer involved include wrongful death, failure to properly train and supervise, gross negligence and more."
Previously, the Virginia Beach NAACP branch also called for change after the officer's body camera was not activated during the shooting.
Following these calls, the Virginia Beach Police Department announced changes to their body camera policy and training. The department has now implemented a new policy that as soon as an officer is en route, they must activate their body camera. The older policy stated that an officer only had to activate the camera once they were on scene.
The legal team's press release said, "A youth volunteer and member of Faith World Ministries, Donovon Lynch was fatally shot by Officer Simmons on March 26 at the Oceanfront in Virginia Beach while walking back to his car after leaving a restaurant with a friend. Officer Simmons' body camera was not activated at the time, and the police department has not been forthcoming with additional information about the shooting. The officer has been placed on administrative leave pending the outcome of the investigation."
Below are some key points from the legal filing:
Upon information and belief, the officer failed to attempt to stop or otherwise determine the identity of Mr. Lynch prior to firing his police-issued firearm
During the incident, the officer failed to activate the body camera that he was wearing. The body camera should have been activated pursuant to Virginia Beach Police policies, procedures, and/or protocols
Upon information and belief, the officer failed to render life-saving medical aide and/or failed to cause others to render life-saving medical aide to Mr. Lynch after shooting him twice.
Police have previously claimed that Lynch was “brandishing” a handgun at the time of the shooting, an allegation that his family and a witness have sharply denied.
Lynch was at the Oceanfront with his friend Darrion Marsh on March 26. They were inside a nightclub during a shooting in which they had no involvement. They then left and walked toward their cars when they encountered Simmons, according to the lawsuit.
“Immediately, unlawfully and without warning, Officer Simmons fired his police-issued firearm at Mr. Lynch, shooting him twice and killing him,” the lawsuit reads. It claims that Simmons acted with gross negligence and used excessive force when killing Lynch.
Lynch, one of two people killed that night in addition to eight others being injured, did not speak or act in any way that suggested that he posed “any threat, let alone a deadly threat, to Officer Simmons or anyone else,” the lawsuit says. The complaint states:
Upon information and belief, it was while Mr. Lynch and Mr. Marsh were walking towards their cars that they encountered Officer Simmons. Immediately, unlawfully, and without waning, Officer Simmons fired his police-issued firearm at Mr. Lynch, shooting him twice and Killing him. 24. At the time of his death, Mr. Lynch was 6’5” and weighed 305 Ibs. A former offensive lineman for the University of Virginia College at Wise, he stood out due to his enormous size. He was unmistakable as anyone else.”
Virginia State Police are currently investigating the shooting.
The lawsuit also alleges that Virginia Beach “had a custom or policy of failing to properly train, instruct, and/or supervise its police officers, including Officer Simmons, as to the proper circumstances under which to draw a firearm and/or use deadly force.”
Attorney Alex Spiro, who has represented high profile people like Jay-Z, Robert Kraft, Elon Musk and more, has joined the legal team for the case as well, they announced.