Family of Atatiana Jefferson sues white cop for wrongful death

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The family of Atatiana Jefferson filed a wrongful death lawsuit against the white former Fort Worth officer who shot and killed her inside her own home last year during a welfare check. 

According to Jefferson’s relatives, former officer Aaron Dean failed to identify himself as law enforcement before creeping into her backyard and opening fire through a window. 

And in doing so, the lawsuit said, Dean not only caused the 28-year-old’s untimely death, but ‘demonstrated a deliberate indifference and disregard’ to her Fourth Amendment rights.’

‘Defendant…intentionally and with conscious, callous, deliberate and unreasonably indifference deprived Atatiana Carr a/k/a Atatiana Jefferson of her constitutional rights,’ the lawsuit, obtained by DailyMail.com, read. 

Pictured: Aaron Dean

Pictured: Aaron Dean

The family of Atatiana Jefferson (left) have filed a wrongful death lawsuit against Aaron Dean (right), the former Fort Worth police officer who fatally shot her last year 

A makeshift memorial rests on the sidewalk that leads to the home of Atatiana Jefferson in Fort Worth, Texas

A makeshift memorial rests on the sidewalk that leads to the home of Atatiana Jefferson in Fort Worth, Texas

A makeshift memorial rests on the sidewalk that leads to the home of Atatiana Jefferson in Fort Worth, Texas

The lawsuit also listed the City of Fort Worth, including the Fort Worth Police Department, as defendants for allegedly fostering an environment that accepted such behavior.

‘Defendant the City of Fort Worth Police Department adopted, implemented, supplemented, reinforced, and promulgated policies, customs, and practices, as set forth above, all of which were a proximate cause and a moving force in the death of Atatiana Carr a/k/a Atatiana Jefferson,’ the lawsuit read. 

On October 12, 2019, Jefferson was reportedly babysitting and playing video games with her eight-year-old nephew inside her home.

A neighbor had called a non-emergency line requesting a welfare check because the home’s front door had been left open late into the night.  

Released body camera footage showed Dean walking through Jefferson's backyard before opening fire into a window (pictured)

Released body camera footage showed Dean walking through Jefferson's backyard before opening fire into a window (pictured)

Released body camera footage showed Dean walking through Jefferson’s backyard before opening fire into a window (pictured)

Fort Worth Police Department Chief Ed Kraus said Dean was dispatched to investigate an ‘open structure call,’ a situation which could mean a door left open by accident or a burglary in process.

‘Dean, immediately, within seconds of seeing the resident inside of her home; shot her dead through a window of the home,’ the lawsuit read.  

‘Defendant Dean in his prowl around the backyard of her home, caused Atatiana fear and uncertainty. Dean shot Atatiana, causing pain and suffering. Dean failed to render medical aide to Atatiana.’

Those claims matched edited footage the Fort Worth Police Department released from Dean’s body camera that night. 

Footage showed Dean walking up to the open front door, where lights were on and toys were scattered on the ground, but he does not knock to alert Jefferson of his presence.

Instead, he walked through her garage to her backyard while shining a flashlight into windows and darkened areas.

Dean glanced into a window before he shouted ‘put your hands up, show me your hands’ and shot into the window. He was not heard identifying himself as an officer during the footage. 

The lawsuit described Dean’s conduct as ‘unreasonable,’ and said Forth Worth officials knew or should have known Dean ‘exhibited a pattern of escalating encounters with the public in violation of well-established police practices.’

Dean was hired by the department in 2017 and commissioned in April. 

‘…Dean acted contrary to law, and intentionally, willfully, wantonly, and unreasonably deprived Atatiana Carr a/k/a Atatiana Jefferson of her rights, privileges, and immunities secured by the U.S. Constitution,’ per the lawsuit.

 A gun was found in Jefferson’s home after the shooting, but police and city leaders have said it was not relevant to her death. 

Kraus said Dean violated a series of police policies and it was understandable that Atatiana would draw her gun in such a situation.

Pictured: Atatiana Jefferson

Pictured: Atatiana Jefferson

Pictured: Atatiana Jefferson

Pictured: Atatiana Jefferson

Atatiana Jefferson (left and right) was babysitting her eight-year-old nephew when officers arrived to her home and allegedly did not identify themselves

Carol Harrison-Lafayette protests the police shooting of Atatiana Jefferson during a community vigil for Jefferson on Sunday, October 13, 2019

Carol Harrison-Lafayette protests the police shooting of Atatiana Jefferson during a community vigil for Jefferson on Sunday, October 13, 2019

Carol Harrison-Lafayette protests the police shooting of Atatiana Jefferson during a community vigil for Jefferson on Sunday, October 13, 2019

Hundreds of mourners attended Jefferson's November funeral, including Fort Worth's mayor and the interim police chief in Dallas

Hundreds of mourners attended Jefferson's November funeral, including Fort Worth's mayor and the interim police chief in Dallas

Hundreds of mourners attended Jefferson’s November funeral, including Fort Worth’s mayor and the interim police chief in Dallas

‘We have completed an initial review of the case, and based on the evidence we intend to ask the Grand Jury for an indictment of murder against Aaron Dean,’ Tarrant County Criminal District Attorney Sharen Wilson said in a statement in December.

‘We will prosecute this case to the fullest extent of the law.’

Jefferson was among a number of black Americans to die at the hands of law enforcement this year, including George Floyd and Breonna Taylor. 

Her death happened just 40 miles east of Dallas, where former police officer Amber Guyger shot dead Botham Jean while he was inside his own apartment in 2018.

Outrage across the country sparked demonstrations over the summer as the United States began a reckoning against the law enforcement institution.

Dean resigned from the department shortly after Jefferson’s death and was indicted on a murder charge in Tarrant County. He is currently out on a $200,000 bond and expected to start trial in August 2021.

Jefferson’s relatives accused Dean of violating the pre-med graduate’s constitutional rights, assault and battery, as well as willful and wanton conduct.

The City of Forth Worth and the police department faced institutional liability and a supervisory liability claim.   

Jefferson’s relatives have requested compensatory and punitive damages.   

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