Latest news with #wrongfuldeath
The Independent
12 hours ago
- The Independent
Verdict against a pardoned Capitol rioter is only a partial victory for a police officer's widow
Coming to court this week, a police officer's widow wanted to prove that a man assaulted her husband during a mob's attack on the U.S. Capitol and ultimately was responsible for her husband's suicide nine days later. A jury's verdict on Friday amounted to only a partial victory for Erin Smith in a lawsuit over her husband's death. The eight-member jury held a 69-year-old chiropractor, David Walls-Kaufman, liable for assaulting Metropolitan Police Officer Jeffrey Smith inside the Capitol on Jan. 6, 2021. They will hear more trial testimony before deciding whether to award Erin Smith any monetary damages over her husband's assault. But the judge presiding over the civil trial dismissed Erin Smith's wrongful-death claim against Walls-Kaufman before jurors began deliberating. U.S. District Judge Ana Reyes said no reasonable juror could conclude that Walls-Kaufman's actions were capable of causing a traumatic brain injury leading to Smith's death. Reyes divided the trial into two stages: one on the merits of Smith's claims and another on damages. The damages phase is expected to stretch into next week. Erin Smith claimed Walls-Kaufman gave her husband a concussion as they scuffled inside the Capitol. Jeffrey Smith was driving to work for the first time after the Capitol riot when he shot and killed himself with his service weapon. His widow claims Walls-Kaufman struck her 35-year-old husband in the head with his own police baton inside the Capitol, causing psychological and physical trauma that led to his suicide. Smith had no history of mental health problems before the Jan. 6 riot, but his mood and behavior changed after suffering a concussion, according to his wife and parents. Walls-Kaufman, who lived near the Capitol, denies assaulting Smith. He says any injuries that the officer suffered on Jan. 6 occurred later in the day, when another rioter threw a pole that struck Smith around his head. Walls-Kaufman served a 60-day prison sentence after pleading guilty to a Capitol riot-related misdemeanor in January 2023, but he was pardoned in January. On his first day back in the White House, President Donald Trump pardoned, commuted prison sentences or ordered the dismissal of cases for all of the nearly 1,600 people charged in the attack. Trump's sweeping act of clemency didn't erase Smith's lawsuit against Walls-Kaufman. Erin Smith, the trial's first witness, recalled packing a lunch for her husband and kissing him as he headed off to work on Jan. 15, 2021, for the first time after the riot. 'I told him I loved him, said I would see him when he got home,' she testified. Within hours, police officers knocked on her door and informed her that her husband was dead. She was stunned to learn that he shot himself with his service weapon in his own car. 'It was the most traumatic words I've ever heard,' she recalled. 'You just don't know what to do.' Walls-Kaufman's attorney, Hughie Hunt, urged jurors to 'separate emotion' and concentrate on the facts of the case. 'This is tragic, but that doesn't place anything at the foot of my client,' Hunt said during the trial's opening statements. Smith's body camera captured video of his scuffle with Walls-Kaufman. In his testimony, Walls-Kaufman said he was overcome by 'sensory overload' and 'mass confusion' as police tried to usher the crowd out of the Capitol. 'I couldn't tell who was pushing who or from what direction,' he said. The police department medically evaluated Smith and cleared him to return to full duty before he killed himself. Hunt said there is no evidence that his client intentionally struck Smith. 'The claim rests entirely on ambiguous video footage subject to interpretation and lacks corroborating eyewitness testimony,' Hunt wrote in a court filing in the case. More than 100 law-enforcement officers were injured during the riot. Capitol Police Officer Brian Sicknick collapsed and died a day after engaging with the rioters. A medical examiner later determined he suffered a stroke and died of natural causes. Howard Liebengood, a Capitol police officer who responded to the riot, also died by suicide after the attack. In 2022, The District of Columbia Police and Firefighters' Retirement and Relief Board determined that Smith was injured in the line-of-duty and the injury was the 'sole and direct cause of his death,' according to the lawsuit.
Daily Mail
a day ago
- Daily Mail
Wealthy Maine family whose lives were torn apart by murder at storybook cottage is rocked by another scandal
A Maine woman has sued her uncle for killing her parents - and sensationally claimed that her other uncle tricked him into committing the murders. Tina and Richard Bowden Jr., both 64, were shot and killed by Tina's brother, Glenn Brown, in their quaint cottage on October 5, 2020, reported News Center Maine. Belfast Police said Glenn walked into their station on that day and told officers he 'shot two exotic birds,' according to WABI. Glenn, 71, denied he went to the Bowden's house with the intent to kill them, but he pleaded no contest to their murders and was sentenced to life in prison in April 2022. Glenn told the judge at his sentencing, 'Things went absolutely crazy, out of hand, and we all know the end result of that.' Now, the Bowden's daughter, Diahanne Morse, has filed a wrongful death lawsuit claiming her other uncle, Mitchell Brown, for allegedly manipulating Glenn into killing her parents. Morse alleged that Mitchell told Glenn lies about how Tina was managing their stepfather's trust, according to a copy of the lawsuit obtained by the Bangor Daily News. '[Mitchell Brown] acted as an accomplice to the murders by encouraging, facilitating and otherwise enabling Glenn Brown in acting to wrongfully, through intentional, reckless and negligent actions, shoot and kill Tina J. Bowden and Richard Bowden, Jr.,' the lawsuit said. Tina's brother, Glenn Brown, shot and killed the couple in their quaint Maine cottage (pictured) on October 5, 2020 '[His conduct] was so extreme and outrageous as to exceed all possible bounds of decency and must be regarded as atrocious, utterly intolerable in a civilized community.' The filing claims that family tensions escalated in February 2019 when Mitchell assaulted Tina and their stepfather, Cecil Armstrong Jr. A protection from abuse order against Mitchell was put in place in April, and Tina became the sole trustee for Armstrong's estate. According to the lawsuit, once Mitchell stepped down, he started telling their other siblings that Tina was stealing from the trust. In one instance, Mitchell allegedly called Armstrong's healthcare worker, who was with Tina at the time, and said on speaker phone, 'Most people aren't afraid to die, but now you should be.' Mitchell would Glenn and 'wind him up' with claims that Tina was stealing from the trust, according to the lawsuit. Court filings state that Tina was not taking any funds. The lawsuit claimed that the brothers were together the day of the Bowden's murders, which Mitchell initially denied to police. Glenn allegedly drove to Mitchell's house after the killings and left an envelope with all of his life savings intended for his wife, according to the lawsuit. The filings allege that the gun used to kill the couple belonged to Mitchell, and he gave it to his brother when the protection from abuse order was finalized. Mitchell 'categorically denies the allegations' and 'will defend himself to the fullest extent possible against these unfounded claims,' his attorney Matt Morgan told the local news outlet. His lawyer also claimed that Mitchell gave his brother his gun because he had no history of violence.
CBS News
2 days ago
- CBS News
Karen Read still faces civil lawsuit after being acquitted of murder, manslaughter
Karen Read was found not guilty of murder and manslaughter in the death of her boyfriend John O'Keefe, but she was convicted of operating under the influence of alcohol. A civil case filed by O'Keefe's family is still pending. The O'Keefe family first filed the wrongful death lawsuit last summer after Read's first criminal trial ended in a mistrial due to a hung jury. It's a civil lawsuit, meaning the family is seeking money damages and there is a much lower legal standard than you see in a criminal case like the one that played out in Norfolk Superior Court. The suit isn't only against Read, but also the two bars she was out drinking at on January 28, 2022, C.F. McCarthy's and the Waterfall Bar and Grille in Canton. The O'Keefe family claims that the bars are liable for serving Read alcohol that night. They say Read drove her vehicle in a state of intoxication, risking grave injury or death to John O'Keefe. Read not deposed until after criminal trial The court had ruled that Karen Read did not have to be deposed or questioned in this case until her criminal trial ended. The lawsuit, filed in Plymouth Superior Court in Brockton in August 2024, is seeking at least $50,000 in damages. Paul O'Keefe, John's brother, is the lead plaintiff in the lawsuit against Read and the two bars. Also listed as plaintiffs are John O'Keefe's parents and his niece, who he was taking care of at the time of his death.
Daily Mail
3 days ago
- Health
- Daily Mail
Indiana girl, 11, beat cancer... but nurse made a terrible mistake that ended up KILLING her
An 11-year-old girl who just beat cancer was about to get another chance at life, but a nurse took that from her after prescribing her a lethal dose of morphine. Ava Wilson, of Crown Point, Indiana, was in remission from b-lymphoblastic leukemia in October 2020 when she went for a follow-up appointment at Advocate Children's Hospital in Oak Lawn, Illinois - about 45 minutes outside of Chicago. Her 'outlook was positive' and 'she had no detectable leukemia in her blood' at the time, according to Salvi, Schostok & Pritchard P.C., the legal team representing her family. But during her visit on October 29 of that year at the children's hospital, Wilson was 'crying in pain' and 'had difficulty walking and foot drop,' the attorneys added. Tests soon revealed she has low platelet counts, low blood cell counts, high liver enzymes and low blood pressure. Wilson was then discharged from the hospital with instructions from a nurse practitioner to take 15 milligrams of morphine every four hours - triple the amount of her past prescriptions. A nurse also increased her gabapentin prescription, which is a nerve pain medication used to treat seizures, CBS News reported. About 36 hours later, on October 31, Wilson died in her sleep at home from acute drug toxicity from several substances, 'including lethal levels of morphine', hydroxyzine and gabapentin. Her devastated parents went on to file a wrongful death lawsuit against the hospital, noting Wilson's oncologist did not examine their daughter, but instead turned to the nurse's 'at-home pain management plan' instead, the filing, reviewed by the Sun Herald, read. 'Instead of admitting Ava to the hospital to get her blood pressure, heart rate and pain levels within acceptable and normal limits, Advocate employees sent Ava home with an excessive [amount of] pain medications,' Matthew L. Williams, the family's lead attorney, said. 'Ava's body was yelling out to these clinicians, "help me!", and they just ignored it.' On Thursday, the jury awarded her family $20.5million in damages following the civil trial. 'While nothing will ease the depth of Ava's loved ones' pain, the family appreciates that the jury recognized that Ava's death was preventable and that she should still be with them today,' attorney Aaron Boeder said. In response to the recent settlement, Advocate Children's Hospital told Daily Mail: 'Our hearts go out to this family. We are committed to providing appropriate care to every patient. 'Due to patient privacy, we are unable to comment further.' Her mother, Pamela Wilson, has remembered her late daughter as the 'light of my life.' 'She was an amazing little girl, just so beautiful, full of life, very kind and generous,' Wilson told CBS News. 'When you lose a child, your life stops.... So, there's relief, but there's also a sense of - my life really hasn't changed. 'Ava's still not here. She's not gonna be around, you know, her siblings aren't gonna have her, I'm not going to have her,' Pamela added. Ava was the oldest of her three siblings, according to her obituary. She loved playing soccer, was involved in the Science Olympiad and was also an Honor Student. Wilson also enjoyed taking cooking and art classes at the local YMCA, it added. A funeral service was held for her on November 7, 2020. She loved playing soccer, was involved in the Science Olympiad and was also an Honor Student. Wilson also enjoyed taking cooking and art classes at the local YMCA, it added. A funeral service was held for her on November 7, 2020.
Yahoo
6 days ago
- Business
- Yahoo
Smith & Marjanovic Law Announces Attorney Taylor Smith Listed Among "Ones to Watch for Civil Rights Advocacy in New Mexico" by Best Lawyers
Smith & Marjanovic Law, LLC is a premier New Mexico law firm specializing in wrongful death, personal injury, civil rights, and medical malpractice. Albuquerque, New Mexico--(Newsfile Corp. - June 14, 2025) - New Mexico personal injury firm Smith & Marjanovic Law proudly announces that co-owner and attorney Taylor Smith has been named to the Best Lawyers: Ones to Watch award list, recognizing outstanding early-career attorneys. Smith & Marjanovic Law Announces Attorney Taylor Smith Listed Among "Ones to Watch for Civil Rights Advocacy in New Mexico" by Best Lawyers To view an enhanced version of this graphic, please visit: The Best Lawyers Ones to Watch awards are given to the most successful up-and-coming attorneys who demonstrate the highest degree of expertise and professionalism across American private legal practices. Best Lawyers follows a rigorous, peer-driven selection process, from nomination and eligibility checks to final publication, to identify America's top legal talent. Nominated by peers and reviewed by best-in-class advocates, attorneys selected for the Ones to Watch are open-minded, forward-thinking individuals trusted by communities, not just individuals and businesses. Taylor Smith began his legal career in New Mexico with a three-year tenure as a lawyer at Garret & Smith starting in 2019. In 2022, he joined Rothstein Donatelli as a full-time Associate Attorney, where he further honed his litigation skills. A year later, he founded Smith & Associates, laying the groundwork for a strategic merger with Milos Marjanovic, an esteemed U.S. attorney and founder of Marjanovic Law LLC. With a client-first mindset and a commitment to raising the bar of professional, quality legal service as a wrongful death lawyer Albuquerque, Taylor's adaptability helped him become one of the most trusted lawyers in New Mexico. His empathetic approach, combined with sharp legal instincts, has made a lasting impact on clients from all walks of life. From working with industry-recognized professionals and well-established brands to running a private legal practice and eventually joining forces with Marjanovic to create Smith & Marjanovic Law, Taylor met the Best Lawyers' criteria by holding essential roles and positions across multiple legal firms. Taylor's path to a Best Lawyers nomination is marked by years of consistent performance, community trust, and professional integrity. Another major contributing factor to Taylor's nomination for Best Lawyers Ones to Watch is the varied portfolio of its legal practice. Beyond handling various cases tied to slip and fall accidents, motorcycle crashes, civil litigation, birth injuries, and hospital negligence, the firm's practice areas stretch across pedestrian accidents, family disputes, contract breaches, and many others. Taylor Smith's inclusion in the Best Lawyers Ones to Watch list marks a crucial milestone in his legal career, and a recognition of technical excellence and commitment to client advocacy that Smith & Marjanovic Law, LLC is built on. Smith & Marjanovic Law Announces Attorney Taylor Smith Listed Among "Ones to Watch for Civil Rights Advocacy in New Mexico" by Best Lawyers To view an enhanced version of this graphic, please visit: More information about Taylor Smith is available on the official website of his legal practice. Contact Info:Name: Taylor SmithEmail: taylor@ Smith & Marjanovic Law, LLCAddress: 6731 Academy Rd NE Suite B Albuquerque, NM 87109, United StatesPhone: 505-510-4440Website: To view the source version of this press release, please visit
