INSTRUCTIONS FOR COMPLETING AND FILING A CLAIM FOR DAMAGES Please carefully read all of the information in this packet before completing and submitting your Claim for Damages packet to the City of Lakewood. Instructions to Complete and Submit a Claim for Damages 1. Complete all relevant and required sections of the City of Lakewood Claim for Damages form, providing as much detail as possible. Asterisk sections are required and must be completed, as appropriate. 2. Complete the form in a legible manner. Please use ink or type your responses. 3. Attach all relevant supporting documentation, such as receipts, invoices, estimates, photos, diagrams, etc. Note: All documents provided are subject to the Washington State public disclosure statutes. 4. Sign and date the Claim for Damages form. 5. Make a copy of the entire packet for your records. Documents submitted to the City of Lakewood may not be returned. 6. You must file your claim with the City. Per RCW hand deliver or mail your completed Claim for Damages packet (original documents) to: City of Lakewood Note: The City of Lakewood?s Main Reception 1? Floor main recention may accent Attn: Risk Management/HR delivery of the Claim for Damages 6000 Main Street SW packet on behalf of Risk Management/HR. Lakewood, WA 98499-5027 What Happens After the Claim is Filed? Once a claim is filed with the City, it is submitted to Washington Cities Insurance Authority (WCIA). will assign an adjustor to the claim to conduct an investigation and determine a reasonable response. One of the following responses will be provided. 0 Accept/settle the claim. 0 Tender the claim (transfer it to another party). 0 Deny the claim (where there is no evidence of negligence by the City). For more information, please contact the City?s Risk Management Coordinator at (253) 983-7849. Revised: 6/16/15 Page 1 of 3 Date Stamp Received by CLAIM FOR DAMAGES FORM City of Lakewood Chapter 4.96 of the Revised Code of Washington (RCW) provides this process to present a claim for damages against a local governmental entity. *lnformation must be completed, if applicable. Claimant Information *Claimant Name: EState Of Said Joquin *Claimant Date of Birth: 12/13/1993 *Current Residential Address: *Mailing Address: El Same as Current Address Deceased c/o Connelly Law Offices ID Amy ((912752 DAWM '35va 2301 N. 30th Street /625 San/.9134 Dre: . Tacoma, WA 98407 *Address at Date of Incident: i i?ame as Current Address *Home Phone: (253) 593'5100 *Work Phone: *Cell Phone: . mdriscoll connell connell . om *Emall Address: Incident Information *Date of Incident: 05/01/2020 *Time of Incident: Afternoon am. pm. If incident occurred over a period of time, indicate date of first and last occurrences: From: Time: El a.m. El pm. To: Time: I: am. p.m. 6400 block of Steilacoom Boulevard, Lakewood, WA (Please be specific if incident occurred on a City road, indicate exact area, address, or nearest cross streets) *Location of Incident: *Description of Incideyt: (Attach an additional sheet, if necessary) Additional Sheet Attached (I See Attachment. W12 amt. 51419 The Property Damaged: *Type of Property License Year Make Model *Describe Damage Damaged Plate it [El Personal Injury: *Describe Personal Injury Name of Health Care Address of Health Care Provider Phone Number of Provider Health Care Provider Wrongful Death. See Attachment. Revised: 06/16/15 Page 2 of 3 *Witnesses or Other Persons Involved in Incident: Name Address Phone Number Driver's License It Witness l/ Other Involved 555 yr??l?lw at. [y El Witness El Other Involved El Witness El Other Involved IE Separate sheet attached with additional information. forcement Responded Police Report Number: ?ency Aid Responded Fire Department, Ambulance) Describe: Other Agency Notified/Responded Describe: Supporting Documentation I: Attached documentation relating to expenses, injuries, losses, and/or estimates for repairs. r/ Identifyattached documents: jig Total number of pages submitted with this packet (including the Claim for Damages Form): have submitted a claim for damages to my insurance company. Insurance Company Name: Phone: 3? Policy Number: as claim damages from the City of Lakewood in the total sum of$ 5577?) $.62 '1 #:212723ch Dani/Z4 3?1? Signature and Attestation This claim form must be signed by the Claimant, a person holding a written power of attorney from the Claimant, by the attorney in fact for the Claimant, by an attorney admitted to practice in Washington State on the claimant?s behalf, or by a court-approved guardian or guardian ad [item on behalf of the Claimant. I declare unde tate of Washington that the foregoing is true and correct. 5/07 as 'gnaxareo/fCl mant or Claimant Representative Date Signed stay Print Name of Claimant Representative Phone Number of Claimant Representative Mail or hand-deliver this original Claim for Damages Form along with all supporting documentation to: City of Lakewood Main Reception 1? Floor Business Hours: Monday through Friday Attn: Risk Management/HR 8:30 am - 5:00 p.m. 6000 Main Street SW Closed on weekends and of?cial holidays Lakewood, WA 98499-5027 Main Reception may accept delivery. Revised: 06/16/15 Page 3 of 3 ATTACHMENT “A” SAID JOQUIN TORT CLAIM FORM DETAIL Estate of Said Joquin, by and through Dawn Korter as Personal Representative, and individually, and Deatura (Dede) Joquin v. City of Lakewood, d/b/a Lakewood Police Department, Officer Michael Wiley and individual officers within the Lakewood Police Department. Upon information and belief Claimants allege as follows: This tort claim is filed against the City of Lakewood, a Washington municipality, the Lakewood Police Department, Lakewood Police Chief Michael Zaro, Lakewood Police Officer Michael Wiley and additional officers of the Lakewood Police Department who were involved in the wrongful and unnecessary killing of Said Joquin, a 26-year-old African American man who was shot during a routine traffic stop while his hands were in the air. After he was shot three times by Wiley he was still alive, in pain and began to move. At that point Wiley grabbed him, threw him out of the car, and slammed him onto the street. When other officers arrived Said was taken to the hospital where he died. The claim involves wrongful action by the Lakewood Police Department and an unreasonable, and absolute failure on the part of the City of Lakewood to hold its police department accountable for consistently failing to know or follow standard, basic police protocols regarding the use of deadly force, continuing unconstitutional conduct taken without regard to the rights of citizens, and continued substandard supervision and training of its police force. The officer who shot and killed Said Joquin, Michael Wiley, is an unnecessarily aggressive officer with a history of previously improperly and unnecessarily escalating an encounter with a young unarmed African-American man into the unjustified use of deadly force. The Lakewood Police Department and the City of Lakewood unreasonably and recklessly chose to retain Officer Wiley and Chief Zaro even after a federal jury and a federal judge found the Lakewood Police Department, Lakewood Police Chief Zaro, and Officer Wiley acted with deliberate indifference to the Constitutional rights, and below the standard of care for police officers in killing another young African American man. The jury reviewing that case had reached a $15.135 million verdict, including assessment of punitive damages to deter future police misconduct. The City of Lakewood and Lakewood PD ignored these warnings and the clear message of community outrage, failed to discipline, demote, sanction, or even properly train Officer Wiley and Chief Zaro regarding the proper use of deadly force, left them in their positions and disregarded the foreseeable fact that its failure would lead to additional unjustified killings in Lakewood. In 2017 the Lakewood Police Department was found to have wrongfully shot and killed an unarmed African American man, wrongfully assaulting his African American father, gratuitously shooting and killing the family dog, and committing numerous civil rights violations in shooting and killing the unarmed man who held his four-year-old son in his arms on his front porch. It was additionally determined that the City of Lakewood Police Department was negligent in its investigation of the incident, had engaged in a false arrest of the father, an ordained Deacon, during the killing, had wrongfully separated Tort Claim Form Attachment – Estate of Said Joquin et al. Page 1 of 14 the unarmed man from his child, and had engaged in outrageous, unacceptable conduct causing the wrongful death. Punitive damages designed under the law to call attention to egregious unconstitutional conduct, to punish and to deter future similar conduct, and to provide accountability, were imposed upon the Lakewood police officers including $3.0 million against Lakewood Police Chief Zaro, and $1.5 million against Officer Wiley, who was supposedly the tactical supervisor, but who was unnecessarily aggressive, unfamiliar with police protocols regarding use of deadly force, eager to use deadly force, and who had caused the wrongful shooting by initiating an improper explosive entry of the African American man’s home contrary to applicable standards regarding initiation of such explosive entries. The wrongful shooting of Said Joquin involves the same Lakewood Police Department, the same Police Chief, and the same Officer Wiley who again escalated a routine encounter into an improper and wholly unnecessary shooting and killing of a young African-American man. Despite the strength of the findings against the Lakewood police after the first wrongful death, a determination that they had committed numerous civil rights violations, and a 69 page Order by Federal Judge Barbara Rothstein noting that 1) the evidence supported the verdict and 2) the arguments made by the City of Lakewood against it were frivolous, nothing was done by the City of Lakewood or the Lakewood Police Department to address the wrongful conduct or to prevent another similar killing. Instead, the overly aggressive Wiley was left on the force without a proper understanding of the use of deadly force. The death of Said Joquin was a direct result. Evidence at the Thomas trial had revealed that, in an attempt to avoid accountability, Chief Zaro had attempted to cover up the wrongful conduct. Despite a clear conflict he wrongfully placed himself on a three-member board to review the incident and the improper use of deadly force, and had then incorrectly announced that his order and the shooting was appropriate. When asked about this under oath he testified that he had “forgotten” that he was on the review board. Despite the strength of the evidence against him, the fact that he had wrongly issued an order to use deadly force without following proper protocols, and the punitive damage verdict against him, Zaro was left in charge of the department. The City of Lakewood unreasonably and recklessly continued to employ these officers and left them on the Lakewood police force. They continued without proper training, without accountability and without an understanding of police protocols regarding the use of deadly force. On May 1, 2020, officer Wiley, the same officer who had been sanctioned with $1.5 million in punitive damages and found to have caused the death of the unarmed African American man, again engaged in the use of aggressive and unnecessary force and shot and killed 26 year old Said Joquin. In 2018, the people of Washington enacted measures through the Initiative process aimed at preventing needless police killings and to hold police accountable when they do kill members of the public. Initiative 940 was a declaration by Washington citizens against aggressive, militarized policing. These measures, however, are being ignored by Lakewood and the Lakewood PD. Despite the clear message to the City and its police department after it had wrongfully killed the unarmed Leonard Thomas, despite the 69 page order by Judge Rothstein, the finding of numerous civil rights violations, the punitive damage award against its Police Chief, the $1.5 million award against Wiley for overly aggressive conduct below police standards, the wrongful attempt by Chief Zaro to try to put himself on the review to absolve the City from liability, and notwithstanding the passage of Initiative 940, the City of Lakewood did not take action to ensure that similar conduct would not occur. Even now, after the wrongful shooting death Tort Claim Form Attachment – Estate of Said Joquin et al. Page 2 of 14 of Said Joquin the City of Lakewood is refusing to follow proper protocols providing for an independent investigation and is improperly working to justify the wrongful shooting. 1. Identity of Claimant. This claim for damages is filed by the Estate of Said Joquin, a 26-year-old African American man who was aggressively and unnecessarily shot and killed on May 1, 2020 by Lakewood Police Officer Michael Wiley during a routine traffic stop in Lakewood. Investigation is revealing that Said, a warehouse worker at Yusen Logistics America, pulled over to the side of the road, that Wiley approached the vehicle in an exceptionally aggressive manner with his gun drawn, told Said to put his hands in the air, and “shut the fuck up or you’ll get shot,” Said replied “I don’t want that to happen.” Wiley then shot him three times at point blank range while Said’s hands were up. The City of Lakewood, despite claiming transparency, is now refusing to respond to public records requests, and working to marshal evidence to try to justify the wrongful killing. The claim is also filed by Mr. Joquin’s mother, Dawn Korter, individually and as personal representative of Said’s estate, and Deatura (Dede) Joquin, Said’s sister. Representation: The claimants are represented by Jack Connelly, Meaghan Driscoll, Samuel Daheim and Connelly Law Offices, PLLC 2301 N. 30th St. Tacoma, WA. 98407, in this wrongful death action. Contacts with the family should occur through this office. 2. Despite Notice of Illegal and Unconstitutional Conduct by Its Police Officers, the Unnecessary Death of an Unarmed Man and Evidence of Insufficient and Failed Training, the City of Lakewood and Lakewood Police Department did Nothing to Hold the Police Department or Officers Accountable or to Prevent Future Misconduct. Said Joquin’s Death was a Direct Result of this Failure. This tort claim is filed because of the negligent, reckless, unreasonable and wanton conduct by the City of Lakewood and its police department. The City of Lakewood has unreasonably refused to take appropriate action to address its Police Chief or Police Department despite notice that they were acting outside the law, and poorly trained in the use of deadly force. It failed to take action to ensure that additional citizens were not shot and killed by aggressive officer Wiley using unnecessary and Tort Claim Form Attachment – Estate of Said Joquin et al. Page 3 of 14 unreasonable deadly force. Despite prior judicial review of the Lakewood Police Department, its officers, the City of Lakewood, Chief Zaro and Officer Wiley and a verdict indicating that they had demonstrated poor judgment, inadequate training, inadequate knowledge and training of how to deescalate situations, inadequate training in how to avoid the use of force where it is unnecessary, and a reckless and dangerous penchant for resorting to unnecessary deadly force without an understanding of police standards regarding such use, and that in May 2013, the Lakewood Police Department’s and Officer Zaro and Wiley’s actions had led to the unjustified shooting of Leonard Thomas, necessary action was not taken to prevent future reoccurrence. Officer Wiley was negligently retained as an officer, and Zaro negligently retained as police chief. Significantly, evidence at the prior trial had revealed Wiley to be an exceptionally aggressive officer with an inadequate understanding of use of force, who was eager to use guns, explosives and unnecessary force, and who had demonstrated a striking lack of concern for life. In that incident Wiley had improperly and inappropriately used explosives to blow up the back door of Leonard Thomas’ home in violation of applicable police/SWAT protocols, shot the family dog multiple times even though the dog had already been shot by another officer, and was lying on the ground dying, demonstrated a lack of understanding regarding the use of deadly force, and an impatient inability and lack of any desire to take time to deescalate a situation to avoid the use of unnecessary force. The federal jury which reviewed Wiley’s conduct in conjunction with the prior shooting of Leonard Thomas found that he violated the law and imposed $1.5 million in punitive damages against him as well as a total award of $15.135 million against the Defendants, including the City of Lakewood and its officers for their misconduct. The purpose of a punitive damage award is to punish for wrongful conduct and to deter such conduct in the future. The jury determined that Wiley and the City of Lakewood officers had committed numerous civil rights violations, that the conduct of Wiley was outrageous, unacceptable, below applicable police standards, and that the death of the unarmed African American man was caused by Wiley’s unnecessary and wrongful misconduct. The killing of Leonard Thomas arose out of Officer Wiley and the Lakewood Police Department escalating a routine citizen encounter into an unnecessary and preventable killing of an unarmed black man while he held his four-year-old son on his arms. The police interaction began with a minor domestic call due to Thomas knocking a cell phone out of his mother’s hand. Zaro, Wiley and Lakewood responded with a poorly trained SWAT team featuring Wiley as the officer “in charge” of tactics and Zaro as an inexperienced team leader. The Lakewood Police Department, including Zaro and Wiley, instead of deescalating a minor incident, improperly allowed the issue to escalate into a major SWAT standoff. SWAT negotiators got on the telephone with Leonard Thomas and told him that, if he would release his son, the SWAT team would leave. Leonard woke up his sleeping son, put his shoes on him, packed an overnight bag and brought him out to the front step of the house. Leonard then went back into the house to get a child restraint seat and came back out onto the front porch. Wiley, who had been eagerly asking to use explosive devices, told Zaro that he didn’t want to miss his chance, and then improperly blew up the back door of the house causing an explosion which caused Leonard to reach to protect his son. Zaro had improperly authorized the use of deadly force without following proper protocols, and Leonard was then shot by sniper Brian Markert through a bush while holding his four-year-old son in his arms. Wiley jumped over a front fence, pumped three extra and wholly unnecessary bullets into the family dog, Baxter, who had already been shot, was dying and was trying to lift his head. Wiley then ran into the house where officers beat up Leonard while he was on the ground bleeding to death. Leonard’s last words were “Don’t Tort Claim Form Attachment – Estate of Said Joquin et al. Page 4 of 14 hurt my boy.” After Leonard died, Wiley excitedly termed the sniper’s fatal shot a “frickin million dollar shot.” Later, as they packed up their equipment, Wiley joked with Zaro about whether they could order a massage person to the police station, along with food and coffee. In a post incident interview Wiley enthusiastically told interviewers how he had shot the dying dog three or four times holding out his hand like a pistol and exclaiming, “POP!” “POP!” “POP!” “POP!”. The federal court trial took three and one-half weeks and included a full review of the conduct of Zaro, Wiley and the Lakewood Police Department. The City of Lakewood, its Police Department and Chief Zaro, were given full ability to provide all of the justifications they could come up with to try to explain the officers’ wrongful conduct. The jury awarded $15.135 million against the named Defendants, including punitive damages against Wiley and Zaro, finding that their conduct was unconstitutional, below the standard of care for police officers, that the shooting was unjustified, and that similar conduct should be deterred. The notice provided by the Federal Trial is significant to understanding the cause of Said Joquin’s death. Tragically for Said Joquin, and despite statements now being made, the jury’s expression of community outrage at Zaro and Wiley’s actions were ignored by Zaro, Wiley and the City of Lakewood. After failing to try to overturn the jury’s verdict, the City of Lakewood and Lakewood Police Department continued to ignore the 69 page opinion of Judge Barbara Rothstein rejecting the arguments the City had attempted to make which were frivolous, contrary to the evidence and contrary to law: The Court could not more strongly reject Defendants’ argument [to overturn the jury verdict]. Without any evidence – without any factual foundation whatsoever – Defendants have chosen to malign one of this country’s most sacred civic institutions, the impartially selected petit jury. Eight individuals interrupted their lives for three and a half weeks of solemn attention to this case. These eight individuals swore to try the matter at issue according to the evidence and the instructions of this Court. They listened, they watched, and for five days they deliberated. The suggestion that this jury flouted its charge and colluded to hold government officials liable merely to advance the jurors’ individual reputations is not simply frivolous; it is insulting to our constitutional order. And the notion that the American justice system can be characterized by an illegitimate solicitude for black victims of alleged police misconduct is so painfully ahistorical that one wonders whether Defendants advance this argument seriously. Judge Rothstein rejected the City of Lakewood’s and Wiley’s arguments that the evidence did not support the verdict and, importantly, specifically upheld the jury’s findings against Michael Wiley, noting his unnecessarily aggressive conduct, “instead of reasonably attempting to mitigate the likelihood of [Leonard Thomas’] death. Wiley’s actions exacerbated that risk” and “Wiley’s subsequent decision to kill the dog was unreasonably gratuitous.” Notwithstanding the strength of the evidence, the jury’s finding, the punitive damages award against Wiley and Judge Rothstein’s direct comments raising concerns about Wiley, the City of Lakewood Police Department and City of Lakewood continued to employ Zaro and Wiley (as well as other officers responsible for the wrongful death of Leonard Thomas). As a result, Wiley was left to continue as an Tort Claim Form Attachment – Estate of Said Joquin et al. Page 5 of 14 overly aggressive officer and to use unnecessary and unjustified deadly force against another young African American man during a routine traffic stop in May 2020. The fact that the City of Lakewood chose to ignore the federal court verdict, the jury’s findings and the Court’s 69-page order clearly led to the death of Said Joquin. Evidence revealing that Wiley and the police officers were poorly trained, unprofessional, inexperienced, did not communicate in a professional manner, were unaware of even basic police protocols and did not understand police standards relating to the use of deadly force should have caused a responsible police department and/or municipality to react in a manner designed to prevent similar events. The Federal Trial was an opportunity to closely review the actions and training of the Lakewood Police Department. Since the trial, which concluded in July 2017 Claimants are informed and believe and therefore allege that the City of Lakewood did nothing to try to improve training, to ensure that Zaro, Wiley and other officers involved in this case were not continuing to violate the constitutional rights of citizens, or acting in an overly aggressive manner toward citizens, and that they were aware of police standards regarding the proper use of deadly force. At a minimum, steps should have been taken to better supervise Wiley’s conduct to prevent his overly aggressive conduct from resulting in another death of a young African American man. The fact that Wiley was retained, but that nothing was done to meaningfully change, or better supervise, Wiley’s conduct, or to properly train regarding the use of deadly force, foreseeably led to the unnecessary death of Said Joquin. This tort claim is based on claims of negligence, recklessness, wanton misconduct, failure to follow applicable police standards and protocols, violations of constitutional rights, conspiracy to violate constitutional rights, violations of Washington statutory law, negligent and intentional infliction of mental anguish and emotional distress, wrongful death, outrage, and deliberate indifference to the rights of people living and traveling through the City of Lakewood. Those responsible for overseeing the City of Lakewood and its police department are not doing their job. Action taken by the City as well as its failure to respond, to the notice regarding serious problems within its police department have been unreasonable, reckless and wanton. Notwithstanding the danger caused to the public by the continued employment of Wiley, the continued employment of Zaro as police chief, as well as the lack of appropriate training and supervision of its officers, the City of Lakewood, and its police department unreasonably ignored the federal jury result and Judge Rothstein’s order and did nothing to curb Wiley’s dangerous tendencies or ensure that he received training to curb them, or to protect its citizenry from his aggressive, dangerous tendencies and lack of training. As a result, on May 1, 2020, Wiley, who was still working as a Lakewood Police officer stopped Said Joquin. Said immediately pulled over. Wiley aggressively drove up behind Said’s vehicle, rearended him, got out of the car yelling, unnecessarily pulled his gun and told Said to put his hands up telling Said to “shut the fuck up,” or Wiley would shoot him. Said put his hands up and Wiley shot him three times killing him. When Said moved after he was shot, Wiley then pulled him out of the car, and slammed him to the ground. 3. City of Lakewood and Its Police Department Fail to Respond to Public Records Requests The City of Lakewood has refused to be transparent regarding this wrongful death. After the shooting of Said Joquin the City of Lakewood has refused to timely respond to public records requests, and has started immediately trying to justify the wrongful shooting to protect itself from liability. Claimants are concerned that important evidence of the event may be being lost, altered or destroyed, and Tort Claim Form Attachment – Estate of Said Joquin et al. Page 6 of 14 are concerned that an effort is occurring to have neighboring police agencies whitewash the shooting, to improperly contact witnesses to have them testify in a manner to help the police try to justify the wrongful shooting and to try to marshal evidence to support Wiley’s aggressive and unconstitutional conduct. Additionally, claimants are informed and believe and therefore allege that investigators are being retained to tail or intimidate witnesses, and the deceased’s mother and sister in North Carolina, including attendance at Said’s funeral. Given the evidence regarding Zaro’s actions in placing himself on the review board to justify the wrongful shooting after Leonard Thomas was wrongfully killed by the Lakewood Police, and then claiming under oath, that he had “forgotten” that he was on the review board, these concerns are justified. 4. Claimants are concerned that the Investigation into this Senseless Killing of a Lakewood Citizen by an Overly Aggressive Police Officer is Not Independent and is being Orchestrated to Whitewash and Cover-up the Wrongful Shooting Contrary to Washington Law. Upon information and belief Claimants allege the following regarding the subsequent investigation: Claimants are concerned that the City of Lakewood and Lakewood Police Department are engaged in actions to try to avoid liability and cover up the events which resulted in the wrongful death of Said Joquin. In 2018, Washingtonians passed Initiative 940, which set in place a number of policies meant to prevent police from unjustifiably killing citizens and to hold police officers accountable when they do, with the ultimate goal of preserving “the sanctity of all human life.” WAC 139-12-010. A number of statutory and administrative measures were enacted pursuant to Initiative 940 and are now called the Law Enforcement Training and Community Safety Act (“LETSCA”). As part of LETSCA, RCW 9A.16.040 establishes a “good faith” standard by which police officers who kill citizens will be judged to determine whether they will be criminally charged, convicted, and sentenced for a crime of homicide. RCW 43.101.455 put in place more advanced training requirements for police in de-escalation tactics. And RCW 10.114.011 requires an “independent investigation . . . to inform any determination of whether the use of deadly force met the good faith standard established in RCW 9A.16.040.” Importantly, “the investigation must be completely independent of the agency whose officer was involved in the use of deadly force.” Washington law prescribes a common-sense approach to handling an “independent investigation” when an officer shoot and kills a citizen. To date, claimants are aware and concerned that the “investigation” into the killing of Said Joquin is being done improperly and in violation of Washington law. Importantly, Washington law prescribes five main principals that it describes as being “fundamental to enhancing public trust in the integrity of independent investigations involving police use of deadly force.” WAC 139-12-030. These fundamental principles are: Independence; Transparency; Communication; Credible Process; and Credible Investigators. With nation- and world-wide attention on police forces’ unnecessary shooting and killing, and their responses to these killings, there is significant community concern regarding whether the “investigation” into the killing of Said Joquin runs afoul of each one of these five key principles. Tort Claim Form Attachment – Estate of Said Joquin et al. Page 7 of 14 Part of the need for enactment of law and standards regarding an independent investigation is that such investigations conducted by the police, or persons who work with the police almost routinely absolve the officers from any determination that their conduct was wrongful. Essentially, such investigations result in the police policing the police and result in inadequate scrutiny. In these cases it is essential for police credibility that the standards enacted to ensure the actual independence of these investigations are followed and met. In this case Claimants are concerned that the investigation is being handled by a officers from neighboring agencies which work closely with the Lakewood Police Department, that officers are included who know Wiley and Zaro, that members of the community familiar with the proper protocols for use of deadly force are being excluded, that the City of Lakewood is refusing to provide responses to public records requests seeking information, and that the City is not following Washington administrative requirements. Claimants are informed that the review process may even include officers involved in the wrongful killing of Leonard Thomas though public records requests seeking information have not been answered. The failure to conduct a truly independent and objective investigation into the wrongful shooting of Said Joquin, particularly in light of the fact that he was shot by an officer who had previously had punitive damages assessed against him for the wrongful death of Leonard Thomas is a cause of significant and ongoing mental anguish, emotional turmoil, and physical and mental pain and suffering to Claimants. Each of the four areas which should be met by the City of Lakewood are briefly addressed below. Independence. “Independence is essential to the integrity and objectivity of the investigation.” WAC 139-12-030 (1)(a). LETSCA contains a number of standards by which an Independent Investigation will be measured to determine whether it is truly independent. Unfortunately, review has raised concerns that these standards are not being met in the investigation into the killing of Said Joquin. The team includes neighboring police officers, friends, acquaintances, and colleagues of Zaro and Wiley’s, some of whom appear to have been involved in the 2013 shooting of Leonard Thomas. Claimants are concerned and allege that this is a biased, deceptive investigation which is aimed at reaching a finding that the shooting was justifiable rather than questioning why Wiley was permitted to continue as an overly aggressive police officer who was prone to use excessive force. Transparency. “Transparency is the critical element of procedural justice that allows community members to assess whether the process of the investigation is conducted in a trustworthy manner and complies with the standards for the five listed principles.” WAC 139-12-030(2)(a). Again, the standards prescribed in LETSCA to ensure transparency do not appear to be being followed by this investigation. There are no widely available policies and operating procedures; the public is not able to easily find the details of who exactly is involved in the investigation; the community involvement elements, of which there are several, are nowhere to be found. A simple review of these standards, listed in WAC 139-12-030(2)(b), paired with a quick google search reveals that Lakewood PD and neighboring agencies have actually sought to actively avoid transparency. The lack of transparency, which LETSCA calls the “critical element” of the investigation is a major concern. The City of Lakewood is claiming that it will be transparent but the actual actions being taken, including its refusal to respond to public records requests, are the opposite. Tort Claim Form Attachment – Estate of Said Joquin et al. Page 8 of 14 At this point the City of Lakewood is not being transparent and is refusing to provide responses to public records requests claiming that it won’t respond because of the “ongoing investigation.” As noted, its Police Chief Zaro previously placed himself on a review board to review his own actions and then claimed that he had “forgotten” that he was on the review board. Claimants are informed and believe and therefore allege that Lakewood, or its investigating agencies, have sent investigators to North Carolina to surreptitiously follow the claimants and observe their friends and family, including covertly observing at Said’s funeral without letting the family know an investigator was present. The investigation is being conducted by neighboring agencies and includes persons with conflicts contrary to Washington law. Communication. “Communication is key to enhancing the public’s perception of police legitimacy and fairness. A lack of open communication leads to suspicion and damages trust.” WAC 139-12-030(3)(a). The manner in which Lakewood, the “investigation” team, and its representatives have handled communication with the public and with Mr. Joquin’s family is well below the letter and intent of required standards. The Claimants are concerned and therefore allege the investigation has thus far included sending a hired representative to an intimate family funeral to surreptitiously observe, and attempt to try to find some information to try to attack Mr. Joquin’s or his family’s reputation. Public records requests are being refused and ignored. On top of this misinformation is being released to the public through the media in an apparent attempt to manipulate the public and skew perception of the events surrounding the killing of an innocent young man by an overly aggressive officer who was improperly retained on the police force and who is known to be a ticking time bomb. Credibility of Process and of Investigators. “In order for investigations to be viewed as credible it is critical to demonstrate that the procedures followed are consistent, known to the public, and rooted in best practices for homicide investigations, with particular attention focused on those unique areas of evidence relevant to the officer's decision-making process. Equally important is the credibility of the investigators. Training, a history of ethical behavior, and demonstrated impartiality are critical to maintain confidence in the investigation.” WAC 139-12030(4)(a). There are significant concerns that this principal has not occurred in the investigation into Said Joquin’s murder. Unfortunately, as noted, this is not the first time Lakewood has orchestrated a cover-up attempt and disguised it as an investigation. In response to the wrongful shooting of Leonard Thomas based on an order improperly authorizing the use of deadly force, Lakewood Police Chief Zaro put himself on the review board to justify the shooting. The City of Lakewood did nothing regarding this when information came out that it had occurred despite the clear conflict of interest and the fact that any review conducted by the officer who had ordered the wrongful shooting would clearly be a biased and unfair review. Claimants are aware that, despite not doing so after Leonard Thomas was shot, the City of Lakewood is now publicly proclaiming that it will conduct an objective, independent and thorough investigation and will be transparent. However, Claimants are concerned that the City of Lakewood did not do this after the wrongful shooting of Leonard Thomas, is not doing this with regard to the investigation of Said Joquin’s death, is refusing to respond to public records requests seeking information, Tort Claim Form Attachment – Estate of Said Joquin et al. Page 9 of 14 and that actions being taken to “investigate” are not demonstrating an objective, independent, thorough or transparent investigation. Claimants are concerned that the investigation to date is not following the requirements or the policies espoused by Initiative 940, or Washington law, and that the City is taking investigative steps that have nothing to do with the propriety of the incident but, instead, trying to come up with justifications, or to attack Said Joquin or his family. The City of Lakewood has further claimed that its police chief is actively engaged in dialogue with religious leaders and members of the Lakewood Multicultural Coalition to discuss ways to strengthen the relationship between the police and the community. The police chief, however, is Zaro, who is the same individual who did not know or follow the protocols for use of deadly force in the Leonard Thomas case, placed himself on a review board to review the propriety of a shooting that he had ordered, and worked to try to cover up and justify his wrongful order. As noted, Zaro was assessed $3.0 million in punitive damages for exceptionally wrongful conduct in violation of the Constitutional rights, and the unnecessary and wrongful death of Leonard Thomas and the assault and false imprisonment of Deacon Fred Thomas. Claimants are concerned that Zaro, who then claimed that he had “forgotten” his involvement in the Thomas police shooting review, and is himself criticized for his lack of supervision and training, should not be engaged in this process. After Leonard Thomas was killed the City of Lakewood worked very hard to discredit the verdict and avoid liability making arguments deemed by the Court to be wholly frivolous. They then did nothing to meaningfully change conduct or to censure the officers who were involved in the wrongful killing or to improve the department in a manner to avoid further killings in the future. Wiley was permitted to continue his overly aggressive conduct and wrongful use of guns—an exceptionally reckless, wanton and unreasonable action which directly resulted in the unjustifiable killing of Said Joquin. The Mayor of the City of Lakewood, recently released a statement on Facebook, asking for patience as an “investigation is being conducted by a consortium of outside law enforcement agencies.” The Mayor further states that he has “complete confidence that the agencies conducting the investigation will be objective and thorough” and that the findings of what occurred “will be shared with the public in an open and transparent manner.” However, claimants are concerned that it is becoming increasingly apparent that the Lakewood PD has organized a campaign to free itself from public scrutiny and avoid liability and accountability for this unnecessary killing. As mentioned above, Claimants are aware that the sham investigation being conducted violates the letter and spirit of the tenets, standards, and policies prescribed by LETSCA. Both the Governor and the Washington State Attorney General have cited concerns that protocols from LETSCA are not being followed and that a commission should be established to gather and review evidence. Such a commission should be handling this investigation. Not friends, acquaintances, professional colleagues, and co-workers of the shooting officer, or the Lakewood Police Chief whose department is being criticized. The unreasonable and deficient manner in which the City of Lakewood and Lakewood PD have conducted this investigation, has caused tremendous emotional anguish and mental suffering to Claimants as well as additional general and special damages. 5. May 1, 2020– Said Joquin’s Death. Lakewood Police Again Use Unnecessary Force. Said Joquin Fully Complies with Wiley’s Order. Wiley Approaches Said’s Vehicle with his Gun Tort Claim Form Attachment – Estate of Said Joquin et al. Page 10 of 14 Improperly Drawn, tells Said to “Shut the Fuck Up” and Put his Hands Up or He’ll Shoot. Said Puts his Hands Up and Wiley shoots him Three Times. During the early afternoon on May 1st, 2020 Lakewood Police Department Officer Wiley and another Lakewood PD officer in a separate patrol vehicle pulled Said Joquin over for a suspected routine traffic violation at the 6400 block of Steilacoom Boulevard SW in Lakewood, WA. Officer Wiley approached Said’s vehicle and yelled at him to pull over and park in the nearby church parking lot. Joquin immediately cooperated and did as he was told. Officer Wiley then aggressively drove his police vehicle up behind Said’s car, rear-ended him, approached the driver’s side of the vehicle yelling with his gun drawn. The other officer approached the passenger side of the vehicle, where passenger Angel Vargas was seated. Officer Wiley commanded Said to raise his arms above his head. Said did as he was told. Said spoke to Wiley, and Wiley shouted at him to “shut the fuck up or I’ll shoot you”. Moments later, Wiley shot Said multiple times. Said slumped forward onto the steering wheel with his hands still raised and over his head. Realizing Said was still conscious, Wiley then aggressively and violently yanked Said out of the vehicle and slammed him on the ground. He was roughly handled and stripped in the street. Other officers arrived and Said was placed on a gurney and taken to a nearby hospital. He was declared dead at 4:34pm that afternoon. Wiley was put on administrative leave. Said Joquin was a victim of Wiley’s lack of judgment, unreasonable, negligent, deliberately indifferent, reckless and impatient actions, the City of Lakewood’s recklessness and hubris in ignoring the federal court verdict and Judge Rothstein’s Order, allowing Wiley and Zaro to continue to work for the Lakewood Police Department, and the City of Lakewood’s arrogant refusal to take heed of a federal court’s clear and strong declaration that Zaro and Wiley should be punished and deterred from killing innocent victims in the future. The City of Lakewood and Lakewood Police Department’s knowing retention of an overly aggressive officer who was unfamiliar with police standards regarding de-escalation and use of deadly force, and its failure to take appropriate action to try to prevent future reoccurrences in light of the jury’s specific findings about Zaro and Wiley, demonstrate a continued unreasonable, reckless and deliberate indifference to the citizens of the City of Lakewood. In light of the evidence produced at the Federal Trial this preventable tragedy was incredibly foreseeable. The City of Lakewood refused to take meaningful steps to prevent this unnecessary death of a young man with his whole life before him. Claimants bring this action as a result of the wrongful death of Said Joquin. The actions and conduct described above were tortious, negligent, reckless, deliberately indifferent to the constitutional rights of Said Joquin, and outrageous. The City of Lakewood, City of Lakewood P.D. administrators and supervisors were negligent in failing to properly train Wiley, in failing to take action in light of clear notice and the federal court’s findings, in retaining Zaro and Wiley despite the federal court evidence and punitive damages assessed against them as a result of wrongful conduct, in failing to provide any additional training to ensure that they understood police standards including those involving the use of deadly force. Defendant City of Lakewood’s actions and omissions were unreasonable and reckless. As a direct and proximate result of The City of Lakewood and the City of Lakewood Police Department’s reckless, negligent, grossly negligent, outrageous, and deliberately indifferent actions, 26year-old Said Joquin was senselessly killed during a routine traffic stop. Tort Claim Form Attachment – Estate of Said Joquin et al. Page 11 of 14 6. Persons Involved in Incident. The Lakewood Police Department is refusing to respond to Claimants public records requests and refusing to provide information necessary for a full review of this incident while, at the same time, trying to claim transparency while working to form a narrative to justify the wrongful shooting similar to what it did in the wrongful shooting of Leonard Thomas. Witnesses will be revealed during discovery but at this time are known to include: Said Joquin Deceased Angel Vargas c/o Connelly Law Offices 2301 N. 30th Street Tacoma, WA 98403 Michael Wiley Lakewood Police Department Officer c/o City of Lakewood Shot and killed Said Joquin during routine traffic stop Unknown Officer Lakewood Police Department Officer c/o City of Lakewood Assisted Michael Wiley in conducting routine traffic stop Other persons, including witnesses, neighbors, family, and friends, to be supplemented as the investigation into this matter continues and discovery in this matter commences. 7. Lakewood Police Department Employees Having Knowledge of Incident. The Lakewood Police Department is refusing to respond to Claimants public records requests and refusing to provide information necessary for a full review of this incident while, at the same time, trying to form a narrative to justify the wrongful shooting. Various Lakewood Police Department employees, agents, and supervisors will have knowledge of the events giving rise to this claim. The identities of these individuals are known to the City of Lakewood and are contained with their own records and files on this matter. Other persons to be supplemented as the investigation into this matter continues and discovery in this matter commences. 8. Other Individuals with Knowledge of Liability. The Lakewood Police Department is refusing to respond to Claimants public records requests and refusing to provide information necessary for a full review of this incident while, at the same time, trying to form a narrative to justify the wrongful shooting. Other individuals to be supplemented as the investigation into this matter continues and discovery in this matter commences. Tort Claim Form Attachment – Estate of Said Joquin et al. Page 12 of 14 9. Investigation by Law Enforcement. The Lakewood Police Department is refusing to respond to Claimants public records requests and refusing to provide information necessary for a full review of this incident while, at the same time, trying to form a narrative to justify the wrongful shooting. Upon information and belief, a law enforcement agency is conducting a fatality officer-involved shooting investigation into this matter. Law enforcement will not release those records currently; however, it is expected additional witnesses and information will be available at that time. 10. Treating Medical Providers. Other treating medical providers to be supplemented as the investigation into this matter continues and discovery in this matter commences. 11. Documents Supporting Allegations. The Lakewood Police Department is refusing to respond to Claimants public records requests and refusing to provide information necessary for a full review of this incident while, at the same time, trying to form a narrative to justify the wrongful shooting. Other documents to be supplemented as the investigation into this matter continues and discovery in this matter commences. 12. Claim for Damages. The amount of damages for the wrongful death of Said Joquin are for the jury to determine based on their determination of the justice applicable to this cause. The damages suffered by the Estate of Said Joquin and his mother and sister are substantial, and include permanent injury, permanent general and special damages, pre-death terror, physical, mental and emotional pain and anguish, suffering, anxiety, terror, loss of consortium and other general and special damages to be proved at the time of trial. Claimant Said Joquin was wrongfully deprived of his life at 26 years of age by a police officer who had previously been proven to be poorly trained, unaware of the proper use of deadly force, acting below applicable police standards, deliberately indifferent to the constitutional rights of citizens and willing to recklessly and unnecessarily use deadly force. Claimants believe that the conduct of the City of Lakewood, the Lakewood Police Department, Wiley, Zaro and other involved officers in ignoring the prior jury verdict imposing punitive damages and Judge Rothstein’s Order upholding the jury’s verdict call for justice in this case. Claimants hope the City of Lakewood and its Police Department’s conduct can be improved so that additional citizens are not wrongfully killed by Police Officers who are poorly trained and who do not understand that their job is to protect and serve the citizenry. It is up to a jury to determine the amount of damages that should be assessed against the City of Lakewood, Lakewood Police Department, Zaro, Wiley and any other officers involved in Said Joquin’s death. Under Washington law the jury is to determine the amount which under all circumstances of the case are just. In this case the City of Lakewood had substantial notice regarding the dangerous tendencies Tort Claim Form Attachment – Estate of Said Joquin et al. Page 13 of 14 of certain officers within its police department. Claimants bring this claim seeking justice for the unnecessary and wrongful death of Said Joquin at the hands of an officer and department who had unnecessarily killed previously. Estate of Said Joquin: $25 million. Dawn Korter and Deatura (Dede Joquin): $3-8 million. 13. Conclusion. It is important to note in connection with events taking place throughout this country that this Tort Claim is not intended as an indictment of all police officers, or even all officers within the Lakewood Police Department. It is intended to criticize the failure of the City of Lakewood to take appropriate action in light of prior judicial review of its police department, the actions of its police chief and the actions of officer Wiley and to demand justice and accountability for the death of Said Joquin. Wiley’s misconduct and the misconduct of Chief Zaro were judicially determined to have resulted in the wrongful death of an unarmed African American man previously and in the award of punitive damages for egregious conduct. Those determinations should have caused a reasonable municipality to have taken action to prevent the wrongful death of Said Joquin. John R. (Jack) Connelly Meaghan Driscoll Samuel Daheim John R. (Jack) Connelly Attorney Connelly Law Offices, PLLC (p) 253.593.5100 (f) 253.593.0380 www.connelly-law.com Reply to Tacoma Office: 2301 North 30th Street Tacoma, WA 98403 (p) 253.593.5100 (f) 253.593.0380 Seattle Office: Smith Tower 506 2nd Ave, 33rd Floor Seattle, WA 98104 (p) 206.816.3002 Tort Claim Form Attachment – Estate of Said Joquin et al. Page 14 of 14 Case Document 237 Filed 07/14/17 Page 1 of 14 Honorable Barbara J. Rothstein ATTACHMENT UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE FREDRICK and ANNALESA and READ, as Guardian ad Litem of ET, a minor, Plaintiffs, V. JASON BRIAN RYAN MICHAEL MICHAEL CITY OF and CITY OF Defendants. FREDRICK THOMAS and ANNALESA THOMAS, as Co?Administrators of the Estate of Leonard Thomas, and its statutory bene?ciaries, Plaintiffs, V. BRIAN MICHAEL NATHAN MICHAEL CITY OF and CITY OF Defendants. Nos. 3:15?05346 BJR CONSOLIDATED CASES VERDICT We the Jury answer the questions submitted by the Court as follows: Case Document 237 Filed 07/14/17 Page 2 of 14 Question One Question 1: Plaintiffs ET. and the Estate of Leonard Thomas bring a Fourth and Fourteenth Amendment constitutional claim for the unreasonable seizure of E.T. from Leonard Thomas. Did any of the Defendants seize E.T. from his father Leonard Thomas in an unreasonable manner, or cause E.T. to be unreasonably seized? Yes i No_ If you answered yes, go to Questions la and 1b. If you answered no, go directly to Question 2. Question la. Which Defendants committed or caused the seizure found in Question 1? Michael Zaro Yes i No Michael Wiley Yes i No Brian Markert Yes No City of Lakewood Yes No Question 1b. Which Plaintiffs were damaged by the seizure found in Question 1? E.T. Yes No Estate of Leonard Thomas Yes 7? Case Document 237 Filed 07/14/17 Page 3 of 14 Question Two Question 2: Plaintiff the Estate of Leonard Thomas brings a Fourth Amendment constitutional claim for excessive force. Did any of the Defendants use excessive force against Leonard Thomas, or cause excessive force to be used against him? Yes )1 No? If you answered yes, go to Questions 2a. If you answered no, go directly to Question Question 23. Which Defendants caused the excessive force found in Question 2? Michael Zaro Yes i No Michael Wiley Yes I No Brian Markert Yes AZ No City of Lakewood Yes No Case Document 237 Filed 07/14/17 Page 4 of 14 Question Three Question 3: Plaintiffs E.T., Fred Thomas, and Annalesa Thomas bring a Fourteenth Amendment claim for deprivation of their familial relationship with Leonard Thomas. Did Michael Zaro cause E.T., Fred Thomas, or Annalesa Thomas to be deprived of their familial relationship with Leonard Thomas by acting with deliberate indifference to the consequences of his (Zaro?s) actions and decisions? Yes No If you answered yes, go to Question 3a and 3b. If you answered no, go directly to Question 4. Question 3a: Is the City of Lakewood also responsible? Yes 1 No Question 3b. Which of the plaintiffs were damaged by the deprivation found in Question 3 E.T. Yes i No? Fred Thomas Yes i Now Annalesa Thomas Yes No Case Document 237 Filed 07/14/17 Page 5 of 14 Question Four Question 4: Plaintiffs the Estate of Leonard Thomas, E.T., Fred Thomas, and Annalesa Thomas bring a Fourth Amendment constitutional claim for unreasonable seizure of their house through use of the explosive breach. Did any of the Defendants seize Plaintiffs? property through use of the explosive breach in an unreasonable manner, or cause their property to be unreasonably seized? Yes If you answered yes, go to Questions 43 and 4b. If you answered no, go directly to Question 5. Question 4a. Which of the Defendants committed or caused the seizure? Michael Zaro Yes i No 1__1 Michael Wiley Yes No City of Lakewood Yes 1/ No Question 4b. Which of the Plaintiffs were damaged by the seizure found in Question 4? ET. Yes No Estate of Leonard Thomas Yes 1 No? Annalesa Thomas Yes No Fred Thomas . Yes No Case Document 237 Filed 07/14/17 Page 6 of 14 Question Five Question 5: Plaintiffs the Estate of Leonard Thomas and ET. bring a Fourth Amendment claim for unreasonable seizure of their dog. Did any of the Defendants unreasonably seize the dog when they killed him, or cause an unreasonable seizure of the dog? Yes No__ If you answered yes, go to Questions 521 and 5b. If you answered no, go directly to Question 6. Question 53. Which Defendants committed or caused the seizure found in Question 5? Michael Wiley Yes No Nathan Vance Yes No Question 5b. Which Plaintiffs were damaged by the seizure found in Question 5? ET. Yes No? Estate of Leonard Thomas Yes 3v?/ No Case Document 237 Filed 07/14/17 Page 7 of 14 Question Six Question 6: Plaintiff Fred Thomas brings a Fourth Amendment constitutional claim for unreasonable seizure of his person. Did any of the Defendants seize Fred Thomas, or cause his person to be seized, without legal cause or with excessive force? Yes No? If you answered yes, go to Questions 6a. If you answered no, go directly to Question 7. Question 621. Which of the Defendants committed or caused seizure found in Question 6? Michael Zaro Yes No Ryan Micenko Yes No :6 Jason Cannon Yes No Case Document 237 Filed 07/14/17 Page 8 of 14 Question Seven Question 7: Plaintiff Fred Thomas brings a claim under Washington state law for false arrest. Did the Cities of either Fife or Lakewood, through the actions of their employees, cause Fred Thomas to be falsely arrested on May 24, 2013? Yes JNOW If you answered yes, go to Questions 7a. If you answered no, go directly to Question Question 7 21. Which Defendant(s), through the actions of their employees, committed or caused the false arrest of Fred Thomas? The City of Lakewood Yes i No The City of Fife Yes No Case Document 237 Filed 07/14/17 Page 9 of 14 Question Eight Question 8: Plaintiffs ET. and Annalesa Thomas bring a claim under Washington state law for outrage against the City of Lakewood. Did the City of Lakewood, through the actions of its employees, intentionally or recklessly cause severe emotional distress to E.T. or Annalesa Thomas by outrageous conduct on May 24, 2013? Yes No? If you answered yes, go to Question 8a. If you answered no, go directly to Question Question 821. Which of the Plaintiffs suffered severe emotional distress caused by the outrageous conduct of these Defendants? I E.T. Yes No_ Annalesa Thomas Yes No Case Document 237 Filed 07/14/17 Page 10 of 14 uestion Nine Question 9: Plaintiff E.T. brings a claim against the Cities of Fife and Lakewood under Washington state law for negligence in the investigation which separated him from his father. Did a negligent investigation by employees of the Cities of Fife or Lakewood cause the wrongful permanent removal of ET. from his father Leonard Thomas? Yes No If you answered yes, go to Questions 93. If you answered no, go directly to Question 10. Question 921. Which Defendants are responsible for the negligence you found in Question 9? The City of Lakewood Yes No The City of Fife Yes No 10 Case Document 237 Filed 07/14/17 Page 11 of 14 Question Ten Question 10: If you found in favor of any of the Plaintiffs on any claim, please answer the questions below for those Plaintiffs you found in favor of. Otherwise, please sign and return your verdict form. Take care to only award damages for claims on which you found liability. 10a. E.T.: For the claims you found in favor of ET, what damages do you ?nd for ET. for each claim? Unreasonable seizure from his father (Question 1): '6 OD {500 . Deprivation of his familial relationship with Leonard (Question 3): 1 I 7 [30 i Obi) . DO Unreasonable seizure of his house (Question 4): \th Q00 . CO Unreasonable seizure of his dog (Question 5): :13 I PC Outrage (Question 8): 1131? 000 . Negligent Investigation (Question 9): 1260i GOO ?00 10b. Estate of Leonard Thomas: For the claims you found in favor of the Estate of Leonard Thomas, what damages do you ?nd for the Estate of Leonard Thomas for each claim? Unreasonable seizure of his son (Question 1): "l ?50 {000 00 Excessive Force (Question 2): 00 COO - OD Unreasonable seizure of his house (Question 4): 000 .. 0 Unreasonable seizure of his dog (Question 5): [0 CO . 0?0 10c. Annalesa Thomas: For the claims you found in favor of Annalesa Thomas, what damages do you ?nd for Annalesa Thomas for each claim? Deprivation of her familial relationship with Leonard (Question 3): 130 CO . Unreasonable seizure of her house (Question 4): :00 . 000 CC Outrage (Question 8): [28? 000 .00 ll Case Document 237 Filed 07/14/17 Page 12 of 14 10d. Fredrick Thomas: For the claims you found in favor of Fredrick Thomas, what damages do you ?nd for Fredrick Thomas for each claim? 0 Deprivation of his familial relationship with Leonard (Question 3): ?l ?30 (000 - CFO Unreasonable seizure of his house (Question 4Excessive force (Question 6): - 00 0 False arrest (Question 7): V700. ODD .. DO 12 Case Document 237 Filed 07/14/17 Page 13 of 14 Question Eleven Question 11: Should punitive damages be assessed against any of the following Defendants? Answer only as to Defendants who you have found individually liable on one or more of Plaintiffs? constitutional claims (Questions Michael Zaro Yes :1 No_ If yes, state the amount of punitive damages: UGO 3 00C) - 0 0 Michael Wiley Yes i No? If yes, state the amount of punitive damages: . 9&0 00 '0 . CC) Brian Markert Yes No a 3 . If yes, state the amount of punitive damages: W- sillpooyoch 13 Case Document 237 Filed 07/14/17 Page 14 of 14 Question Twelve Question 12: Should punitive damages be assessed against any of the following Defendants? Answer only as to Defendants who you have found individually liable on Question 6. Jason Cannon Yes No If yes, state the amount of punitive damages: i Pt Ryan Micenko Yes No i If yes, state the amount of punitive damages: Date and sign the form and advise the Court that you have reached a verdict. DATED this Wr?day ofJuly, 2017. Presiding Juror 14