Crime Beat
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.
“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
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