WEB POSTED 06-01-1999

Lawsuit filed over shooting of teenager


by Charlene Muhammad

LOS ANGELES—Powerhouse litigator Johnnie L. Cochran recently announced a wrongful death lawsuit filed in U.S. District Court on behalf of the family of 19-year-old Tyisha Miller, who was shot to death by four Riverside, Calif., police department officers.

"In a civilized society where you have public officials who don’t do their jobs, who are disingenuous in their public reports and their statements, it is left to citizens to avail themselves of civil rights laws and to bring an action such as this," said Mr. Cochran, flanked by the Miller family and members of the Tyisha Miller Steering Committee, during the May 18 press conference at his office.

Charging wrongful death, assault and battery and negligence, the lawsuit names the city of Riverside and officers Mike Alagana, Paul Bugar, Dan Hotard, Wayne Stewart, and Greg Preece as defendants who violated Ms. Miller’s civil rights in "one of the most shameful, vicious, and cruel acts of police brutality."

"That disgraceful performance by that D.A. in Riverside out there led to this more than anything else," added Mr. Cochran, referring to Riverside District Attorney Grover Trask’s decision not to prosecute the officers involved in the shooting.

Contrary to denials by Riverside police, Mr. Cochran asserts that the fact that Ms. Miller was Black impacted the way officers conducted themselves. The complaint alleges that, with weapons drawn, several officers yelled racial epithets and obscenities at the unconscious young woman, broke the driver’s window and fired their handguns until she was dead. Of the 24 rounds fired, at least 12 struck her body.

"We made available to the authorities in Riverside a witness who observed these police officers high-fiving one another with joy and glee moments after they killed this young lady," said Atty. Cochran. Other remarks by officers, referring to family grief at the scene as a "Watts death wail" and "Black bullets," support beliefs that race played a role, he said.

Attorney Bill Hadden denied accusations of racism and celebrations by officers in the shooting. He said May 20 that the officers, three Hispanic and one white, hugged and were sympathizing with each other because they hadn’t been shot. There were no high-fives, he added. Police say Ms. Miller suddenly reached for the weapon when an officer smashed her car’s window. The officers believed Ms. Miller needed medical attention and risked their lives to help her, said Mr. Hadden.

He asked the California attorney general and U.S. Attorney General Janet Reno to investigate civil rights violations in Ms. Miller’s death.

According to co-counsel Eric Ferrer, the family proceeded with the suit over what happened December 28, 1998, because they feared a cover-up.

The lawsuit indicates no specific monetary compensation because its focus is more on truth than finances, the lawyers said. But the Millers are entitled to compensation under the law, he noted.

Mr. Cochran also dismissed media reports of drinking and drug use by Ms. Miller as smear tactics and an attempt to justify the shooting. Early on the city of Riverside hired a public relations firm in hopes of adding a spin to the shooting, he said. Family representative Rev. Bernell Butler said civil disobedience rallies will continue and the family wants changes in Riverside, including sensitivity training for law enforcement personnel and city administrators.


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