Family of Marine shot by city officer sues for $270 million
An off-duty Baltimore police officer who is accused of fatally shooting a Marine outside a club last summer should not have been on the force after a series of questionable incidents, the victim’s family alleges in a $270 million lawsuit filed in Baltimore Circuit Court.
Officer Gahiji A. Tshamba has been charged with first-degree murder in the shooting of Tyrone Brown, a 32-year-old East Baltimore man who was shot 12 times after getting into an altercation with Tshamba as they left a Mount Vernon club.
Police and witnesses have said that Brown inappropriately touched a female companion of Tshamba. The officer drew his weapon and challenged Brown, who was unarmed, to “do it again,” The Sun reported in June.
In the lawsuit, Brown’s family acknowledges that he touched the woman and claims that he apologized. A few minutes later, the woman swung at Brown, who deflected the blow, they say.
Tshamba pointed to his weapon and shouted threats, then pulled the gun and pointed it at Brown.
Brown raised his hands in the air, his family claims, then was backed down an alley out of view of officers and other clubgoers.
The lawsuit, which names Police Commissioner Frederick H. Bealefeld III, the agency’s chain of command, the mayor and city council and state as defendants – says that Tshamba, 37, was in violation of department protocols by carrying his weapon while intoxicated, but argues that Tshamba shouldn’t have been on the force in the first place.
"We believe there is a serious problem in terms of practices and procedures" used by the agency to discipline its own, attorney A. Dwight Pettit said in an interview. "We saw these same issues come up with a [2002] shooting at Lexington Market, and now what we're seeing in terms of the shooting last week [at Select Lounge] ... We're seeing that these things are continually being repeated, this type of excessive conduct."
Under Bealefeld’s tenure, the department has been sending entire shifts of officers back to training and police-involved shootings have declined each year. Pettit says he believes there has been an increase in complaints against officers, however.
“I’ve been doing this for 38 years, and more recently my practice has been almost consumed with excessive force police cases and violation of civil rights claims,” Pettit said. “That’s been on a constant rise and increase, and I don’t know what’s lending itself to that.”
From mid-2007 to mid-2010, the city spent $7.25 million to settle police misconduct claims, according to a summary prepared for City Councilwoman Belinda Conaway. That’s a figure city officials have said is not significantly higher or lower than previous time periods.
The Sun reported last summer that Tshamba had shot a man in the foot in a 2005 incident in which he was found to be off-duty and driving while intoxicated. The lawsuit cites that incident along with three others – in 2006, he crashed his car into a light pole while driving without insurance or registration, and in 2001 sent a woman to Central Booking after arresting her for signing a traffic ticket improperly.
He also shot a suspect in the back in 1998 after mistakenly believing the suspect had opened fire, an incident for which he received a commendation from the department.
“To allow officers known to have or suspected to have such a propensity for unreasonable and excessive use of deadly and/or non-deadly force to have full police powers with the authority to carry and operate a handgun endangered public safety and welfare and represented a breach of duty on behalf of the defendants,” the lawsuit claims.
The suit also alleges that the department dragged its feet in investigating the June shooting, saying investigators “failed to arrest Tshamba following the shooting despite police representatives publicly stating that they had no credible explanation for [his] actions during the shooting.” It says officials failed to require him to take an alcohol test and did not take a statement from Tshamba until one month after the shooting.
Police at the time said they quickly referred their investigation to city prosecutors, who they said caused the delay. Tshamba eventually disappeared, prompting a citywide manhunt, though he later turned himself in without incident.
Tshamba’s murder trial is scheduled to begin in March. His attorney, Adam Sean Cohen, has said that Tshamba took police action against Brown after witnessing a sexual assault. Cohen said Tshamba feared for his life and “did what he had to do.”
“If one shot doesn't work, if two shots don't work ... you fire until the threat is gone,” Cohen said after Tshamba was arrested.
The civil lawsuit was filed by family members Loren Brown and Vivian Scott, among others. Attorney A. Dwight Pettit is representing the family.
Posted by Justin Fenton at 12:11 PM | Permalink
| Comments (18)
Categories: Downtown, Gahiji Tshamba, Police shootings
Categories: Downtown, Gahiji Tshamba, Police shootings
Comments
While the validity of the shooting should be visited, I hope the proceeds of this lawsuit will be used to further the education of his children and provide his wife with funds to ensure the children are kept in a manner to which they are accustomed. That is the point of the lawsuit right? I'm sure over $200 millions dollars will cover his IMMEDIATE family well, otherwise, it would look like a money making ploy by extended family members.
Posted by: Dawn B | January 18, 2011 1:22 PM
This was an off-duty officer not acting in the interests of Baltimore City or Baltimore Police Department at that time.
You have to love the Tort system in this country.
Posted by: Don | January 18, 2011 1:25 PM
Sounds like Jimmy McNulty......
"The Sun reported last summer that Tshamba had shot a man in the foot in a 2005 incident in which he was found to be off-duty and driving while intoxicated. The lawsuit cites that incident along with three others – in 2006, he crashed his car into a light pole while driving without insurance or registration, and in 2001 sent a woman to Central Booking after arresting her for signing a traffic ticket improperly.
He also shot a suspect in the back in 1998 after mistakenly believing the suspect had opened fire, an incident for which he received a commendation from the department."
Posted by: JT | January 18, 2011 1:49 PM
Might as well go after a hefty amount of money. It's not like the city will take notice of these crooked cops unless it comes out of their pockets, anyway. Maybe if it costs enough money; something might get done about this sort of thing.
Posted by: Mr. E | January 18, 2011 2:04 PM
Pure greed!!! The same attorney would have sued the BPD for racism if they had tried to fire Tshamda!!!
Posted by: K | January 18, 2011 2:24 PM
A Dwight Pettit isn't sure why the incidence of excessive force and unjustified shootings is on the rise? How about looking at the hiring practices of the BCPD. Clearly many (NOT ALL!!!) of the officers that are on the street would not be hired by other police departments for whatever reason and this is the result of allowing unqualified people in to fill positions and/or to meet quotas. There, I said it.
Posted by: Jeff | January 18, 2011 2:32 PM
Most were able to see this coming back when it happened. You get what you pay for, lower the standards and you also pay for what you get in one form or another.
Posted by: DHarri | January 18, 2011 2:42 PM
I have to agree with Jeff. to many quota's are being used to fill positions in the BCPD. Bealefield needs to go, there I said it too.
Posted by: internal | January 18, 2011 3:25 PM
"was in violation of department protocols by carrying his weapon while intoxicated"
Really? Is that a fact?
This is the first I've heard that the BCPD has any prohibition whatsoever when it comes to carrying firearms while off duty and consuming alcohol. My understanding is that off duty officers are generally required to carry their firearms while out and about, and I've yet to hear or read anything that suggests that doesn't include when they're at a bar, knocking back a couple.
I think you're right, John. I am checking the clips but my understanding is that officers are supposed to carry the weapon at all times but are asked to show discretion in instances such as drinking or swimming or other scenarios where it isn't a good idea/isn't feasible. -JF
Posted by: JohnM. | January 18, 2011 3:48 PM
I would give more respect to Petit if he represented the woman who was sexually assaulted. Any reward given should go to that woman.
Posted by: internal | January 18, 2011 3:48 PM
Internal...you really think the PC wants quotas? That's funny
Posted by: A | January 18, 2011 4:13 PM
The family should definitely get something for the wrongs of the police officer, but the problem is that the money will come from taxpayers like myself who had nothing to do with the incident, not the actual police.
There's a big difference between suing the government and a private company. A private company gets hurt badly from a lawsuit. A government agency just robs the taxpayer for the money and continues to act irresponsible.
I don't want to pay a cent for this dumb cop's mistake. This should be on him, not the taxpayers of Baltimore who had nothing to do with the incident.
Posted by: V | January 18, 2011 4:26 PM
$270,000,000.00, you think that's enough. Hell the tax payers have plenty. Of course there is only about 4 tax payers left in Baltimore. $270,000,000.00---That's funny, I mean Saturday Night Live funny.. Come on Mr.& Mrs. G&E worker. Pony up. The Brown family needs some Mercedes. Of course the city may be able to settle for a couple of thou. Unbelievable. Like they used to say in a good way... Only in America. It's not a good way any more. The sickness has spread through to the masses. Hey! I'll take a SL baby.
Posted by: Rich M. | January 18, 2011 4:38 PM
This lawsuit is going nowhere except against the Officer who committed murder, which is certainly outside the scope of his employment. A. Dwight just never learns. Several years ago an off duty Officer shot his wife's boyfriend to death. Pettit sued everybody except the Pillsbury Dough Boy. Every defendant except the Officer was dismissed. A multi million dollar judgment was entered against the Officer ONLY. Pettit then filed suit against the City trying to make the City pay the judgment for the Officer. A Circuit Court Judge dismissed that suit for the obvious reason- murder is not part of an Officer's job description. The Court of Special Appeals affirmed the dismissal for the same reason.
Posted by: ranger | January 18, 2011 5:35 PM
As much as the pain the family of this young man is experiencing, how can an attorney and family justify a 270 million dollar law suit? I suppose you aim high and then get bartered down. Maybe they will walk with 8 million. Still ludicrous.
Posted by: Scott | January 18, 2011 5:42 PM
the woman shouldn't have been "sexually assaulted" but that pales in comparison to the brutal senseless murder.
Posted by: k | January 18, 2011 6:19 PM
Regarding whether or not Tshamba was intoxicated at the time, was that ever even established? If I recollect correctly, the officers on the scene tried to get him to cooperate with the administration of a sobriety test, but he refused. I don't think they ever followed up on it, and while I think there was speculation that he was likely intoxicated at the time, I don't think it was ever established.
So unless Mr. Petit knows something about this that no one else knows, I tend to think that part of his lawsuit is unlikely to see much traction.
Posted by: JohnM. | January 19, 2011 2:48 PM
It is not greed to seek your day in court. Further off duty is not an excuse for the city to get out of their responsiblity in the matter. They hired, trained, and authorized this person extraordinary powers. Therefore they are equally responsible for anything the man does on or off duty.
And finally the failure of the department to properly investigate on officer involved incident further makes the city and department fully culpable for the crime this man is accused of nad thusly they are equally culpable for the civil litgation and penalties.
Personally I hope the family prevails.
Posted by: Zimbabaloie | January 23, 2011 4:22 AM