Julian L. McPhillips, Jr.* McPhillips Shinbaum, L.L.P. McPhillips, Shinbaum, Luck, Bodin Guillot ATTORNEYS AND COUNSELORS AT LAW *Also Admitted in NY Kenneth Shinbaum 516 SOUTH PERRY STREET 1 - Aaron J. Luck PO. BOX 64 Also Admitted In DC James G. Bodin? MONTGOMERY, ALABAMA 36104 - - Joseph C. Guillot (334) 262-1911 Of?ce Admin Amy Christopher Worshek (866) 224-8664 Of Counsel: G. William Gill Charles Hawthorne FAX (334) 263-2321 April 14, 2014 Ms. Harriet Scott, Clerk City of Alexander City 4 Court Square Alexander City, AL 35010 RE: Notice of Claim of Administratrix-Ad-Litem Ms. Germani Crayton, a minor, by her Mother and Next Friend Ms. Kolca Burns Against the City of Alexander City, its police officer Tommy Manesse and others Within the Alexander City Police Department Responsible for the Training of Tommy Manesse for Negligence Generally, Negligent Use of Excessive Force, Negligent Training, Wantonness and Assault Against the Individual Officer Tommy Manesse and for violating U.S. Constitutional Rights. Dear Ms. Scott: This law ?rm and I, together with attorney Eric Hutchins of Alexander City, represent Ms. Germani Crayton, Administratrix-Ad-Litem of the Estate of Emerson Crayton, Jr. Ms. Crayton, a minor, brings this action by her mother and next friend, Ms. Kolea Burns, through their ?ling this Notice of Claim, in compliance with statutory requirements of the Code of Alabama against Alexander City, its police of?cer Tommy Manesse, a white male, and others within the police department reSponsible for the negligent training of Tommy Manesse. The above-captioned claims against Tommy Manesse and the above-referenced of?cials is ?led against said Tommy Manesse in both their of?cial and individual capacities. The facts giving rise to these claims occurred on early Saturday morning (just after midnight) of March 8, 2014 at the restaurant, Huddle House, on Highway 280 in Alexander City, Alabama. At that time and place, the decedent Emerson Crayton, Jr. (hereinafter sometimes referred to as ?Mr. Crayton?) had ?rst entered the Huddle House for the purpose of obtaining food to eat. Once inside the Huddle House, and sitting at the counter, a misunderstanding developed between Mr. Crayton and the Huddle House white female waitress serving him. The waitress apparently deemed Mr. Crayton to be too loud, and told him to lower his voice. Mr. Crayton apologized to the waitress. Nonetheless, another Huddle House employee became irate and stated: ?if you can?t lower your voice and calm down, then you could get out.? (See attached af?davit of eyewitness FilaiSha Thompson)? DEPARTMENT A Emerson Crayton, Jr. responded to the Huddle House employee by stating that Huddle House could keep the money he had spent on a ?to go? order he had already placed, and keep his food as well, for he was leaving. (See Thompson af?davit again). At the time Mr. Crayton was leaving the Huddle House, a waitress yelled at him, ?Fuck you, too, then.? Mr. Crayton replied to the waitress, ?Fuck you, too.? However, Mr. Crayton never said anything violent to the waitress or anyone else at Huddle House, and Mr. Crayton had no gun or weapon on him. (See attached af?davits of eyewitnesses Adrin Russell and Tracey Freeman). As Mr. Crayton walked out the door, a Huddle House waitress and another white male employee believed to be a cook, walked out behind Mr. Crayton. Several eyewitnesses were very close to Mr. Crayton and the Huddle House employees and can con?rm that Mr. Crayton never said anything violent to a waitress, cook, or anyone else. (See af?davits of Russell and Freeman). If the Huddle House waitress and cook say anything differently, then it appears they are exaggerating, or embellishing, their comments, out of enmity, bad faith, or racism towards Mr. Crayton. Nonetheless, at the same time, and apparently responding to a call from someone in the Huddle House, Alexander City police of?cer Tommy Manesse came running down a small, steep hill, beside another business adjacent to Huddle House. Said police of?cer kept running towards Mr. Crayton, who was already in his own car, and cranking up to leave the parking lot. (See af?davit of Mr. Russell). Witnesses do not believe Mr. Crayton saw or heard the policeman, and again Mr. Crayton had no weapon on him. Moreover, police of?cer Tommy Manesse never identi?ed himself to Mr. Crayton, and never told Mr. Crayton to stop. (See Freeman af?davit). Instead, Alexander City policeman Tommy Manesse positioned himself to the right side of the front nose of Mr. Crayton?s car, and opened ?re at Mr. Crayton. Mr. Craytonthreat to police of?cer Tommy Manesse at that time. That is, Of?cer Manesse was not in danger of being hit by the car. Nonetheless, the police of?cer?s ?rst shot appears to have hit and wounded Mr. Crayton, causing Mr. Crayton?s foot to hit the accelerator, and with his car darting off to the left side of the exit away from the police of?cer, barely missing a sign and leaving track marks on the green grass on the shoulder, next to the highway. The police of?cer continued shooting 4-5 bullets at Mr. Crayton as his car darted away. Mr. Crayton died as a result of one or more of Alexander City police of?cer Tommy Manesse?s bullets hitting him. It was not necessary for Of?cer Manesse to use deadly force to shoot and kill Mr. Crayton. If the of?cer had to shoot his gun, he could have shot out the tires on Mr. Crayton?s car, but instead he negligently, willfully, wantonly, and in bad faith, and possibly in?uenced by racism, shot to kill Mr. Crayton, and the Caucasian of?cer succeeded in killing Mr. Crayton, an African-American male. The car was never headed in the direction of Of?cer Manesse or any other person. The Administratrix is the sole surviving child of Mr. Crayton, and by her mother avers that of?cer Tommy Manesse, individually and in his of?cial capacity, and the City of Alexander City, acting by and through Mr. Manesse, were negligent, wanton, malicious, and acting in bad faith in the afore-described wrongful death and shooting of Mr. Crayton. The Administratrix, by her undersigned mother and attorneys, claims that Alexander City and its agent, police of?cer Tommy Manesse, violated the US. Constitutional rights of Mr. Crayton by, among other causes of action, taking his life without due process, violating Mr. Crayton?s right under the 4?h Amendment by unlawful seizure, under the 8th Amendment by cruel and unusual punishment, and under the and 14?h Amendments by denying him due process of laws. As a proximate result of the above-alleged violations and causes of action, the Administratrix has lost her one and only father at the much too tender and young age of 22 months, and has further been denied the love, affection, and bread-winning abilities of her father for the rest of her life. Further, under the punitive damage provision of the wrongful death statute of Alabama, and in consideration of the egregious circumstances, an award of punitive damages is appropriate, to, among other reasons, send a message to other public of?cials, and especially to police of?cers that shooting and killing an innocent civilian is the worst kind of police brutality and violation of the law, and the same, at least in Alabama, needs to be stopped immediately, and/or diminished as much as possible. Hence, the administratrix-ad-litem, Germani Crayton, by her mother Kolea Burns and her undersigned attorneys, hereby demands the statutmy limits of $100,000 under the Code of Alabama for any state law claim and for such an amount over that, in the 7 to 8 ?gure range, under federal law for federal causes of action, as a judge and jury deem appropriate under the facts and circumstances of this case. In addition, the administratrix?ad-litem seeks a similar amount under state and federal law, against the police of?cer Tommy Manesse, both individually and in his of?cial capacity for the grievous wrongs he caused the decedent in this matter. AMA) Cg! New-?Friend of Ms. Kolea Burns, mother and next friend of @I?Cmnm Ms. Germani Crayton, a minor Before me the undersigned Notary Public, appeared Kolea Burn, know to me, who did state that the facts in the above?stated claim, as eSpecially buttressed by the af?davits attached, ar tru, and correct to the best of her knowledge, information, and belief on this theSf/Z? day of 2014. Notarf/ Public Of counsel: McPhillips Phillips LLP PO. Box 64 Montgomery, AL 36101 /7 Mbilli??s, C?fco?{msel for/the dminstratrix-Ad?Litem Ms. Germani Crayton, a minor, by her mother, Kolea Burns Eric Hutchins, Co-counsel for the Adminstratrix-Ad-Litem Ms. Germani Crayton, a minor, by her mother, Kolea Burns STATE OF ALABAMA IN THE PROBATE COURT COUNTY OF TALLAPOOSA CASE NO: 2014-0040 IN RE: The Estate of Emerson Crayton, Jr., Deceased LETTERS OF ADMINISTRATION LETTERS OF ADMINISTRATION on the Estate of Emerson Crayton, Jr., deceased, are hereby granted to Kolea Burns, as mother and next friend of Germani Crayton, a minor child, who has duly quali?ed and given bond as Administratrix and is authorized to administer such estate. Done this the 14m day of April, 20l4. r" b. eon Archer, Judge of Probate Tallapoosa County, AL CERTIFICATION I, Leon Archer, Judge of Probate, in and for said County and State, hereby certify that the above and foregoing is a true, correct, and complete copy of the LETTERS OF ADMINISTRATION issued to Kolea Burns, as mother and next friend of Germani Crayton, a minor child of the Estate of Emerson Crayton, deceased, as the same appears of record in my of?ce, 459/1 .A Given under my hand and of?cial seal of of?ce, this, the/ day of 20 Leon Archer, Judge of Probate A 7 I . I Tallapoosa County, AL AFFIDAVIT My name is Adrin Russell, and I do solemnly swear that the ibllowing is true and correct in every particular: 1. I am a 36 year old A?ican - American male and resident of Goodwater, Alabama, and amof sound mind and body. Just after midnight, around 12:15 - 12 :20 am on Saturday morning, March 8, 2014, I was present at the Huddle House, on Highway 280 inAlexander City, Alabama. I was sitting on the ?rst stool on the southside of a line of stools next to the counter where service was being given Emerson Crayton, Jr. Was sitting about two seats north of me in the same line of stools. At one point an argument of some sort developed between the white female waitress behind the counter and Emerson So Emerson decided to leave the Huddle House, but, as he did, the waitress and a white male cook started ?Jssing more at him As Emerson walked out the door, the waitress and cook also walked out behind him I was quite close enough to hear everything. Emerson never said anything violent to either one of them I walked outside also, and observed Emerson get into his car. I walked over to where the waitress and cook were, and heard them tell the police of?cer that Emerson, Jr. had threatened to blow up the place, and shoot someone. I lmow such a statement was ?llse, because I was very close by, and heard everything Emerson said, and he never said anything of that sort. Further, I never saw a gun or weapon on Emerson I was surprised whenl saw a policeman come running down the small, steep hill froman adjacent business place, and come running towards Emerson, who was already in his car and cranking up. Emerson was backing up ?omhis parking place, and, ?ommy perspective, I don?t believe Emerson saw or heard the policeman I was then amazed to see the policeman open ?re with his gun at Emerson while Emerson was in his car. The policeman was on his f?et, and to the right side of the ?ont nose of the car, when he began ?ringthreat to the policeman The car was pointed towards the exit on to Highway 280, and the policeman was well to the side of the car, and would not have been hit by Emerson driving out of the parking lot. After the policeman ?red his ?rst shot, it appeared to have hit Emerson, as it appeared that Emerson?s toot must have hit his accelerator, because the car darted off to the le? side of the exit, barely missing a sign, and leaving track marks in the green grass on the shoulder next to the highway. I observed these tracks to be still in the shoulder one week later, when I returned to the Huddle House. That was because, on Saturday, March 15, 2014, I took attorneys Eric Hutchins and Julian McPhillips to the Huddle House scene of the shooting, pointed out where everything took place, and told them about what I have said in the above af?davit. Adrin Russell Before me, the undersigned Notary Public, appeared Adrin Russell, who?known to me, did state that the foregoing is true and correct in every particular, on this thej? day of March, 2014. "at .14 eat/i o'Public mama AFFIDAVIT My name is Tracey Freeman, and I do solemnly swear the is true and correct in every particular: 1. I ama 22 year old A?-ican - American male and a resident ofDadeville, Alabama and am of sound mind and body. I was with Emerson Crayton, Jr. (?Junior?) the eve, of Friday, March 7, 2014, spilling over into the early morning hours of Saturday, Marchg. I was present at the Huddle House on Hwy 280 in Alexander City, Alabama. In ?rst, I was sitting immediater next to Emerson Crayton, Jr., whomI have always called ?Junior.? In fact, I was Junior?s homeboy or best ?iend. Since I was sitting so close to Junior, I could hear everything he said, and the waiiress said. Junior was not using ibul language on anyone when the waiiress started using foul language on him, using the word. Junior had actually been apologizing ibr being loud, when the waitress, a white female, became very rude with him At that point, Junior got up and said, ?Y?all can keep my money and my food,? as he was leaving, and didn?t want to take any more abuse. The waitress waiting on himhad brought himhis 160d. Then another waitress told Junior, ?Fuck you? Then Junior replied the same words back to her, as he was leaving the Huddle House. Once outside, Junior had gotten into his car to drive off when a policeman came running up. I was with Junior the whole time and never heard Junior say anything violent to anyone. I am certain, in contrast to rumors coming out of the white community, that Junior never said anything like he was going to blow any place up, or shoot anyone. Further I never saw a gun or other weapon on Junior and amcertain he did not have one. I also personally witnessed the shooting that took place. The policeman never identi?ed himselfto Junior, and never told Junior to st0p. I was close enough thatI could see and hear it all. Instead, the policeman just opened up, and started shooting at Junior, and obviously hit him t? J2 Tracey lireeman Before me, the undersigned Notary Public, appeared Tracey Freeman, who, known to me, did state that the foregoing is true and correct in every particular, on this theg? lmday of March, 2014. Public [ti/WY flu TE .. zoyihh?gmaiLcom - - VERIFIED AFFIDAVIT OF FILAISHA THOMPSON v- l, Filaizha Szanquon Thompson, hereby affirm the following under the penalty of - County. (2). On or about the early hours of March 8, 2014, was at the Huddle House of Alexander City located at US Highway 280 with Emerson Crayton, Jr., who is now deceased. (3). personally observed a verbal dispute between Emerson Crayton, Jr., and a Caucasian female employee of Huddle House regarding a question that Emerson Crayton, Jr. asked about the Huddle House menu. (4). Emerson Crayton, Jr. asked the Caucasian female employee of the Huddle House of Alexander City about what came with the special on the menu. At some point during the conversation, the Huddle House employee became irate and stated to Emerson Crayton, Jr. that if he wanted service then he had to calm down. Emerson Crayton, Jr. then apologized to the employee if he offended her and stated that hejust came back from the bar. Emerson Crayton, Jr. also stated that he was not trying to offend the Huddle House employee. In response to Emerson Crayton, Jr.'s apology, the Huddle House employee repeated again that if he wanted service then he needed to calm down and lower his voice. Emerson Crayton, Jr. then apologized to the employee yet again. The Huddle House employee then became more irate and stated: ?if you can't lower your voice and calm down then you could get OUL. (5). Emerson Crayton, Jr. then responded to the Huddle House employee by stating that Huddle House could keep the money he had spent on a ?to go" order that had already been placed= and Huddle House could keep his food for the "to go" order. (6). Emerson Crayton, Jr. then stood and began to exit Huddle House. (7). As Emerson Crayton, Jr. began walking out of Huddle House, a Caucasian female Huddle House employee located at the cash register handed Emerson Crayton, Jr. his ?to go" order. (8). At the time that the Huddle House employee handed Emerson Crayton, Jr. his "to go" order, the Caucasian female Huddle House employee that Emerson Crayton, Jr. had asked about what was in the special yelled: ?Fuck you too then!" (9). Emerson Crayton, Jr. then responded to the Huddle House employee by stating: ?Fuck you too.? (10). A Caucasian male cook at the Huddle House interjected and stated: "You don?t have to talk to her like that." (11). Emerson Crayton, Jr. continued walking out of the Huddle House to his Ford Explorer which was located approximately eight feet from the front entrance of the Huddle House. (12). The Caucasian female Huddle House employee continued to curse at Emerson Crayton, Jr. while following him to the door. (1). I am eighteen years of age, and I am a resident of Alexander.City,.Alabamawhich (13). Other Huddle House employees came to the door of the Huddle House as well as the owner the Huddle House Daniel Yates. .. (14). At no time while the Caucasian female Huddle House employee cursed at Emerson Crayton,-due l?i . did the owner of the Huddle House Daniel Yates stop her from cursing at EmersonnCrayton; Jr.? (15). Within that span of time, a Caucasian male police of?cer from the Alexander-City Hiaizef Department came down a hill that was located between the Mapco gas station :and Huddle'House. . Simultaneous to or in close proximity to the time that the Caucasian. male police officer'ranzdown the hill, 33-13 Edward Crayton, Jr. had turned on the ignition of his vehicle and began to back out of theHuddle House parking lot. Moreover, the police of?cer had positioned himself directly At no time did the of?cer, announce his presence verbally or command Edward Craytonqur. to stop his vehicle. 2.2.22.2 Edward Crayton, Jr. was not speeding or driving aggressively or dangerously when he was 235' leaving the?parking lot of theHuddle House. - . . i (17). As Edward Crayton, Jr. turned his vehicle in reverse with the tail end of the vehicle to his right and the front end of the vehicle turning towards US Highway 280, the police of?cer moved to the drivei?s side of the vehicle. The of?cer then proceeded to move to the front of the vehicle and about the midpoint of the vehicle the of?cer ?red multiple shots at Edward Crayton, Jr, thereby, shooting Edward Crayton, Jr.. (18). After Edward Crayton, Jr. was shot the vehicle then went in reverse as a result of Edward Crayton' Jr.?s foot being on the accelerator. Moreover, the vehicle continued rolling in reverse going up the hill. Edam ?ll/mmer . Filaizha Szanquon?Thompson (Af?ant) COUNTY OF TALLAPOOSA STATE OF ALABAMA 1. Q0 6, . a Notary Public hereby acknowledge that Filaizha Szanquon Thompson signed the foregoing Veri?ed Af?davit in my presence. Done this the ELK-?day of March, 2014. My Commission Expires: 70-02) as THE LAQN OFFICE OF ERIC TAVARIS HUTCHINS, LLC l0 VERIFIED AFFIDAVIT OF TARA BUCKNER I, Tara Buckner, hereby state the following upon penalty of perjury to be truthful and accurate statements to the very best of my knowledge and recollection and states as follows: 1. I am 42 years old and a resident of Alexander City, Alabama which is in Tallapoosa County. Early morning around 12: 15 A.M., I was with Nashica Johnson at the Huddle House of Alexander City which is located on US. Hwy 280. After arriving at the Huddle House as Nashica Johnson and I entered the Huddle House, I witnessed a verbal altercation between a light complexioned African?American male that I now know of as the late Emerson Crayton, Jr. and a heavy set Caucasian female Huddle House employee. I recall the heavy set Caucasian female Huddle House employee stating to Emerson Crayton, Jr.: ?You got your food, now leave.? Emerson Crayton was already exiting the Huddle House with what appeared to be a ?to go? order in his hand. As Emerson Crayton, Jr. was exiting the Huddle House, he was followed out of the restaurant by the heavy set Caucasian female Huddle House employee and at least two male Caucasian Huddle House employees. I also observed one of the owners of Huddle House, a Caucasian male follow Emerson Crayton, Jr. as he was leaving the Huddle House. While Emerson Crayton, Jr. exited the Huddle House, both he and the heavy set female Huddle House employee both exchanged profanities at each other. I held the door open for Emerson Crayton, Jr. and the Caucasian Huddle House employees who followed him while he walked away from them to his SUV. As Emerson Crayton, Jr. kept walking to his SUV, I speci?cally recall Emerson Crayton, Jr. saying: ?Fuck you; Fuck you bitch.? The Caucasian female Huddle House employee was also yelling: ?Fuck you.? At no time did I observe Emerson Crayton, Jr. with a weapon nor did he ever state that he had a weapon or that he was going to get a weapon. At no time did Emerson Crayton, Jr. make any physical or verbal threats to the Huddle House employees. 10Emerson Crayton, r. attempted to SUV, the heavy set female Huddle House employee called for a police of?cer from the Alexander City Police Department who was on the hill where the Mapco Gas station is located. A Caucasian male Alexander City police of?cer came down the hill and approached Emerson Crayton, Jr.?s SUV as Emerson Crayton, Jr.?s SUV around the time that Emerson Cray?ton, r. was cranking his vehicle up to leave Huddle House As Emerson Crayton, Jr. began backing out of the parking lot of Huddle House, the of?cer approached Emerson Crayton, Jr.?s vehicle. The police of?cer was standing to the side of Emerson Crayton, Jr.?s SUV. I did not hear the of?cer say anything to Emerson Crayton, Jr. The of?cer then ?red two shots into the vehicle driven by Emerson Crayton, r. At that time, I began ducking for cover by running inside of the Huddle House. Further your af?ant sayeth no. Tarai Buckner Eg?ant) STATE OF ALABAMA TALLAPOOSA COUNTY I, (Inky/xv arch 4.15m the undersigned authority, hereby certify that Tara Buckner whose name is signed to the foregoing Af?davit, and who is known to me acknowledged before me on this day that, being informed of the contents of said document, he executed the same voluntarily on the day the same bears date. . ?9c Duly sworn and given under my hand and seal this theji day of April, 2014. Notary Priblic My Commission Expires @596 [11 When I pulled up we saw the of?cer was already there. So we walked towards the Huddle House, as we was walking in Jr and two other people was walking out. Him and the girl in Huddle House was arguing. He told her "Fuck you bitch" and she said No fuck me fuck you and get the hell out of my restaurant?. Jr was out of the Huddle House and she came out behind him and yelled out to the of?cer" He just threatened to blow up the Huddle House". The of?cer came running down the hill. I didn't hear him say a command at all. I heard the ?rst gun shot, then I saw the next two gun shots. The of?cer was standing on the drivers side of Jr?s SUV. Nashica Johnson 0% - 7 C/C?l?k?a March 16,2014