“Nothing was planted in that car,” he said. “It would mean that it was happenstance that they placed the right gun with the right body.”
Vincent said the explanation for why the robbers pointed unloaded pellet guns at the police will never be known. “They might have thought it was someone else and raised the guns to scare them,” he said.
NOTE: The federal jury hearing the SIS case found for the plaintiffs, awarding the families of the killed robbers and the lone survivor a total of $44,042 in damages.
COUNCIL SUED OVER FATAL POLICE SHOOTING
Attorney offers to drop members as defendants if they make Gates pay damages assessed in same incident. Officials angrily charge extortion.
April 2, 1992
Los Angeles city council members were sued Wednesday over a police shooting that left three robbers dead, but the attorney who filed the case offered to drop them as defendants if they make Police Chief Daryl F. Gates personally pay for damages assessed against him this week for the same shooting.
Council members familiar with the new suit and a city attorney who defends the city in police-related cases reacted angrily to the offer from civil rights attorney Stephen Yagman, which was contained in a letter to the council that accompanied the new $20-million suit.
“Sounds like extortion, doesn’t it?” said Deputy City Atty. Don Vincent, head of the city’s police litigation unit.
Councilman Zev Yaroslavsky, who favors making Gates pay the damages from his own pocket, said he was nonetheless disturbed by Yagman’s letter.
“Nobody likes to be threatened,” he said.
Councilwoman Joy Picus, who is undecided on the issue of whether Gates should pay, said Yagman was using tactics of intimidation and harassment.
“The nerve of him,” she said. “I’ve dealt with attorneys who have tried to extort and threaten me before. I’ll be damned if I’ll be intimidated by him.”
Yagman denied his offer to the council was improper or threatening.
“Everybody has a right to ask people in the government to do or not do something, and to say if you do it the way we want we will take action or refrain from taking action,” Yagman said. “That’s not extortion. That is trying to settle the lawsuit.”
The lawsuit filed Wednesday in U.S. District Court against the council and numerous police officers and officials is the latest twist in the case that has followed the Feb. 12, 1990, shooting outside a McDonald’s restaurant in Sunland.
The shooting initially spawned a lawsuit on behalf of four family members of three robbers killed by members of the police Special Investigations Section and a fourth robber who was shot but survived.
The plaintiffs, represented by Yagman, contended that the police used excessive force and fired on the robbers without provocation. Gates was named as defendant because the suit said he was ultimately responsible for the officers’ actions and condoned the use of excessive force.
After a three-month trial, a federal jury returned a verdict in favor of the plaintiffs Monday and awarded punitive damages of $44,042 against Gates and nine members of the SIS. Jurors said the damage award was purposely set low because they believed the chief and his officers should pay it out of their own pockets. Gates was to pay $20,505 of the award.
The verdict touched off a debate this week among council members over whether the city should pay the damages anyway. The council has routinely picked up the tab for punitive damages assessed against police officers for incidents that occurred while they were on the job.
On Wednesday, the new lawsuit further added to the controversy. The new suit is identical to the first one but was filed on behalf of two-year-old Johanna Trevino, daughter of Juan Bahena, one of the robbers police killed.
Yagman said Trevino was born six days after Bahena, whose real name was Javier Trevino, was killed and can file the lawsuit under a federal precedent set last year in another case involving the SIS. In that case, in which Yagman is also the plaintiff’s attorney, a federal appeals court held that a child who was not yet born when a parent was killed by police may still sue for damages over losing a parent.
The new lawsuit names 20 SIS officers, Gates, Mayor Tom Bradley, 17 former police chiefs and commission members and all city council members in office at the time of the shooting.
In a letter enclosed with the suit to the council, Yagman said:
“If the council votes not to indemnify Gates for the punitive damages in this case, then all of you who make up the majority so voting will be dismissed voluntarily as defendants in this new case.”
Vincent, the city attorney, said he could not comment on the lawsuit until he received it. But of Yagman’s letter to the council, he said, “I have never heard of an attorney doing anything like that at all.”
Council members who received it Wednesday also reacted strongly.
Councilwoman Joan Mike Flores said the lawsuit and Yagman’s tactics were an outrage.
“I will not be intimidated by these types of tactics,” she said in a statement.
Yaroslavsky said the letter Yagman sent could hinder efforts by council members who believe Gates should pay the damages awarded by the jury.
“I don’t think Yagman’s letter advances that cause at all,” he said. “I think it’s unnecessary and inappropriate. My inclination is not to pay for Chief Gates. . . . I will come to a final conclusion based on the facts, not a threat.”
But Yagman said his letter was an effort to make the council abide by the wishes of the jury that heard the McDonald’s shooting case.
“We are just saying that if they refuse to indemnify Gates, we will drop the case,” Yagman said. “It might be wrong to threaten to sue them. But we haven’t done that. We have sued them and said, ‘If you act in a responsible way we will consider dismissing you from this lawsuit.’”
ATTORNEYS AWARDED FEE OF $378,000 IN BRUTALITY SUIT
Courts: The ruling could lead to more sparks between lawyer and the city council.
August 5, 1992
A federal judge has awarded $378,000 in legal fees to civil rights attorney Stephen Yagman and his partners for their work on a successful excessive-force lawsuit against former Los Angeles Police Chief Daryl Gates and nine police officers.
The ruling released Tuesday sets up another potential conflict in a running legal battle between Yagman and the city council over the council’s financial support for officers defending themselves from civil suits alleging brutality.
Yagman outraged city officials earlier this year when he submitted a bill that asked for nearly $1 million in fees for himself and two partners who handled the lawsuit over a 1990 police shooting that left three robbers dead and one wounded outside a McDonald’s restaurant in Sunland.
City attorneys, who had argued that the fee award should be about $216,000, said they considered it a victory that Yagman received much less than he asked for, but Yagman said he was satisfied with the amount. A decision has not been made by the city on whether to appeal the decision. After a three-month trial, the surviving robber and the families of the three dead men won a $44,000 damage award against Gates and the nine officers, all members of the department’s Special Investigations Section. The plaintiffs maintained that the officers violated the robbers’ civil rights by opening fire on them without cause, and that Gates’ leadership fostered such excessive force.
The determination of legal fees by U.S. District Judge J. Spencer Letts on Friday could widen the battle between Yagman and the council over who will pay the lawyers’ fees. Although the jury had urged that Gates and the officers pay the $44,000 damages personally, the council earlier this year voted to pay the awards from the city treasury.
Yagman said Tuesday that the legal fees awarded in the case should also be personally paid by Gates and the officers. Under federal law, an attorney who brings a successful civil rights case to trial must be paid by the defendants, with a judge determining the amount after hearing arguments from both sides.
&n
bsp; “We have no judgment against the city,” Yagman said. “We have a judgment against nine SIS officers and Gates. They should pay it. Why should the taxpayers pay?”
Yagman said that if the council pays the $378,000 from city coffers, it will provide him with new ammunition in another lawsuit stemming from the same police shooting.
The second case, filed on behalf of a daughter of one of the dead robbers, names council members as defendants as well as the police. Yagman argued that council members should be held responsible for the officers’ actions on the grounds that their decision to pay the damages in the first case in effect condoned the police misconduct that the jury found.
Yagman has contended that each time the council members vote to shield police officers from personal financial penalties in civil brutality suits they strengthen his argument that they are promoting police brutality and should also be personally liable for damages.
The second case has not yet been scheduled for trial. But Letts last week refused to dismiss the council members as defendants, rejecting the city attorney’s argument that they are automatically immune from civil liability for their official actions.
Deputy City Atty. Annette Keller said council members don’t have a choice over whether to pay such fees.
“It is part of the legal obligation of the city to defend employees sued for action taken in the course and scope of their employment,” Keller said. “We are obligated to pay any judgment for attorney fees. It is not an issue for the council.”
Yagman said his proposed fee was simply a “wish list” and that he was pleased with Letts’ ruling. “This is a lot of money and I am happy to get it,” Yagman said. In a 24-page order outlining his decision on fees, Letts praised Yagman for taking on the case that he characterized as “peculiarly undesirable” because the plaintiffs were a convicted robber and the families of robbers.
A Times investigation of the SIS four years ago spawned criticism that members of the unit trailing people with long criminal records often watched violent crimes take place without making a move to stop them so that the criminals could be arrested on the most serious charges possible, carrying more severe sentences.
In the McDonald’s case, members of the unit followed the robbers to the restaurant and watched as they broke in and robbed the lone employee inside. She was left physically unhurt but is also suing the officers, claiming that the incident was handled negligently.
KILLED BY A KID
ROOKIE OFFICER DIES IN STRUGGLE FOR GUN
Suspect, 16, killed.
LOS ANGELES TIMES
June 8, 1988
A ROOKIE Los Angeles police officer, on street patrol less than three months, was fatally shot Tuesday during a struggle for his gun with a 16-year-old burglary suspect he confronted on a North Hollywood street, police said.
The teen-age gunman, Robert Steele of North Hollywood, was later tracked by police dogs to the attic of a nearby vacant house, where he was shot to death by four officers after he repeatedly attempted to reach for the revolver he had taken from the slain police officer, Cmdr. William Booth said.
A 19-year-old accomplice in the burglary was captured, police said.
Officer James Beyea, 24, was pronounced dead at 1:28 a.m. at St. Joseph Medical Center in Burbank, less than an hour after he was shot in the head and leg, apparently with his own gun, Booth said.
Beyea and Officer Ignacio Gonzalez, 44, an 18-year veteran who was Beyea’s training officer, had answered a 12:20 a.m. burglary alarm call at an electronics store at 7261 Lankershim Blvd.
Door Open
When the officers arrived at Alpha Electronics, Booth said, they found a door open and went inside to search. They found no one in the store but could not search one storage room that had been locked from the inside.
Shortly after they walked outside to wait for the owner of the business, who had a key to the storage room, the burglar alarm went off again and the officers saw one person running from the rear of the building. They quickly returned to their patrol car and drove around the block in an attempt to cut the suspect off, Booth said.
“Then they split up,” the police spokesman said. “Beyea went on foot and Gonzalez stayed in the car. They thought this would be the best way to go after the suspect.”
Beyea caught up with the suspect on Hinds Avenue, just north of Wyandotte Street—about two blocks from the electronics store—and attempted to arrest him, Booth said. From the car, Gonzalez saw his partner and the suspect struggling for control of a gun.
Heard Gunfire
“Gonzalez was about a block away when he saw the struggle,” Booth said. “As he went toward them, he heard and saw gunfire.”
Beyea fell to the ground, Booth said, and the suspect fired at Gonzalez as he approached. Gonzalez returned the fire, but neither was hit. The suspect then ran off while Gonzalez went to Beyea’s aid.
About 50 officers, assisted by a helicopter and seven police dogs, searched a 16-block area around the shooting site, Booth said. About 4:30 a.m., one of the dogs led officers to a vacant house at 11828 Runnymede St., about three blocks from where Beyea had been shot.
Officers entered the one-story house, located on a wooded lot, and found Steele hiding in a corner of the attic.
According to a police statement, Sgt. Gary Nanson, 34, and Officer John Hall, 41, climbed into the attic and ordered Steele to raise his hands. The teen-ager complied and told the officers that the man they wanted was hiding downstairs, police said, but then he reached to his side to grab a gun.
Hall fired one time and wounded Steele in the head, police said. Despite several warnings to stay still, Steele twice again attempted to pick the gun up and was fatally shot by Nanson and two other officers, who had also climbed into the attic, the statement said.
The gun retrieved from Steele’s side was Beyea’s service revolver, Booth said. Ballistics tests will be conducted to determine if it was the weapon used to kill the officer, he said.
No other weapon was found, police said, and no one else was found in the house.
But during a search of the area, officers found Alberto Hernandez, 19, hiding in bushes about a block from where Beyea was killed. He admitted taking part in the burglary and was arrested on suspicion of murder, police said.
1st Death This Year
Beyea was the first Los Angeles police officer killed in the line of duty this year. Two were killed last year.
Beyea, a Reseda resident, entered the Police Academy last October and graduated March 25. Capt. Charles (Rick) Dinse, commander of the North Hollywood Division, where the rookie was assigned, said Beyea was routinely paired with a veteran who had training officer qualifications.
“I can only say he was considered by his supervisors and training officer to be one of our best,” Dinse said. “He was a sharp policeman who we expected to have a great career.”
Beyea, who was single, was born in Reseda and graduated from Cleveland High School in 1981. He served in the Air Force and Air Force Reserve.
Beyea’s grandfather was a Los Angeles traffic officer before retiring in 1961, police said.
Funeral arrangements were pending Tuesday. Beyea is survived by his mother, Cathleen Beyea of Northridge. Beyea is the second North Hollywood officer to be killed in three years. Detective Thomas C. Williams, 42, was shot to death Oct. 31, 1985, in what authorities said was an effort to prevent him from testifying in a robbery case.
Times staff writer Steve Padilla contributed to this report.
DEATH FOR DEATH
Youth had minor scrapes with law but didn’t fit image of a cop killer.
June 9, 1988
Bobby Steele was swinging the bat well, and by Sunday was on a nine-game hitting streak with a city youth league baseball team, the Sun Valley Park Pirates.
On Monday, the 16-year-old was able to parlay a morning dental appointment into a whole day off from school. The grandparents who raised him didn’t mind that he spent the rest of the day around the
house.
But by 9 p.m. he was ready to get out of the North Hollywood home where he had lived his entire life. He baked himself a batch of cookies and then left to meet a friend. When he walked out the door, he left behind everything that appeared to be routine about his life.
A few hours later and a few blocks away, Robert Jay Steele killed a cop, Los Angeles police say. A few hours after that, police killed him.
“It doesn’t make sense,” his grandmother, Pauline Steele, said Wednesday as she sat on the dead youth’s bed and looked at the collection of baseball trophies on his bureau.
“It seems like we are talking about two separate people,” said his sister, Lori Lyn Steele. To his family, Steele may have been a mischievous youth, someone who had his troubles in school and with authorities, but he did not fit the picture of a cop killer.
At 12:20 a.m. Tuesday, however, according to police, the teen-ager grappled with a rookie police officer for control of the officer’s gun. Within seconds, Officer James Beyea, 24, fell to the ground, fatally shot in the head.
Cornered and Killed
Steele, suspected of having just burglarized a nearby electronics store, then fired the weapon at the policeman’s approaching partner and ran off. He was later cornered in the attic of a vacant home and shot to death by officers when, according to authorities, he repeatedly tried to pick up the gun.
“He had been in trouble before but never anything like this,” his 23-year-old sister said. “I feel that what happened was that he was scared. He got in with the wrong people, did something wrong and got scared.”
Police declined to say whether Steele had a juvenile record. His family said he had minor scrapes with authorities in the last year, including a fight with a teacher and an arrest when a police officer found a pair of brass knuckles in a car in which he was riding. Details of the incidents were unavailable Wednesday.