AMPTON — Attorneys representing the estate of a 69-year-old man shot and killed during a police raid at his home last June have filed a $10 million wrongful death lawsuit against eight Hampton police officers.
William A. Cooper, of Clifton Street in Wythe, was killed June 18 by officers executing a search warrant looking for evidence that he was selling prescription painkillers.
Cooper was shot in an exchange of gunfire with officers after police broke down his door about 10 a.m. that Saturday, with police saying Cooper fired first.
Daily Press introduces Daily Savvy Deals. Sign Up now to receive offers that are 50% off or more!
The lawsuit, filed Friday in Hampton Circuit Court, asserts that the police affidavit used to justify the search failed to lay out probable cause for the raid — and failed to adequately indicate why officers believed a confidential informant to be reliable.
The suit also contends that although the search warrant and attached affidavit used in the raid were signed by a Hampton magistrate, the affidavit did not have the required signature of the police officer who applied for it.
The suit claims that a lack of justification and a signature omission invalidates the warrant and means the raid amounted to trespassing.
There were also problems with the way the search was carried out, the suit contends. Officers either did not knock "or knocked so lightly and spoke so inaudibly" that "no occupant could be expected to ... be made aware of their identity," the suit says. Then, the suit says, officers did not "wait a reasonable amount of time" for Cooper to answer the door.
The suit asserts that Cooper was startled by the intrusion and feared that criminals were entering his home.
"They caused him to fear that a criminal entry was occurring and that his life and property were in danger and caused him to act accordingly," says the suit, filed by attorneys Kevin Shea and Joe Stellute.
The suit asserts that police should have foreseen that "special efforts" were needed because Cooper had "impaired vision and hearing," which "the defendants knew or should have known," the suit asserts.
Named as defendants are Hampton police corporals H. Keith Tucker, Kendall Brown, Wayne Roberts, Juan Figueroa, Christopher Hake, and officers Cherine Freemont and Ryan Boone. Sgt. Richard Winer, a supervisor, is also listed.
Because they were on duty, the city is likely to be responsible for any judgments against them, if any.
Crystal A. Keithley, the executor of Cooper's estate and the aunt of the teenage boy to whom he had left his estate, is the plaintiff in the case. Cooper's son, Robert Mark Cooper, is also named as a beneficiary.
Hampton Police Chief Charles Jordan, who has backed his officers in the shooting, declined to comment on the suit Monday, citing its pending nature. Hampton City Attorney Cynthia Hudson said she had not yet read the suit and had not been served.
"If we are served, we will do what's necessary to defend the city's interests vigorously as warranted," she said.
The complaint shows that basic facts of the case are in dispute.
Police acknowledge that narcotics raids are typically conducted quickly so as not to allow defendants to destroy evidence, such as by flushing it down the toilet.
But in contrast to the lawsuit's claims, police have asserted that the knocks were loud, with officers announcing their presence with, "Police, Search Warrant!" in loud voices.
A report by the Hampton prosecutor's office in November said police knocked at the screen door, then the front door, then again at the front door after getting no response.
Also, while the suit asserts that a fearful Cooper mistook the officers for criminals, Chief Deputy Commonwealth's Attorney John Haugh wrote in his report that an officer confronting Cooper inside the home identified himself "several times" as a police officer, and commanded Cooper — hiding behind a bedroom door holding a gun — to drop his weapon.
Haugh's report said that Cooper fired at the officer once, followed by the officer shooting three shots. Cooper then "disappeared" and re-emerged to fire a second shot, followed by another two shots from the first officer and three shots from a second.
"The officers reasonably feared death or serious bodily injury and consequently their response with the use of deadly force was a justifiable act of self defense," Haugh wrote.
After the shooting, one bottle labeled as containing prescription painkillers and three empty bottles of prescription painkillers were found, as were 16 other bottles labeled as medications designed to treat
diabetesWilliam A. Cooper, of Clifton Street in Wythe, was killed June 18 by officers executing a search warrant looking for evidence that he was selling prescription painkillers.
Cooper was shot in an exchange of gunfire with officers after police broke down his door about 10 a.m. that Saturday, with police saying Cooper fired first.
Daily Press introduces Daily Savvy Deals. Sign Up now to receive offers that are 50% off or more!
The lawsuit, filed Friday in Hampton Circuit Court, asserts that the police affidavit used to justify the search failed to lay out probable cause for the raid — and failed to adequately indicate why officers believed a confidential informant to be reliable.
The suit also contends that although the search warrant and attached affidavit used in the raid were signed by a Hampton magistrate, the affidavit did not have the required signature of the police officer who applied for it.
The suit claims that a lack of justification and a signature omission invalidates the warrant and means the raid amounted to trespassing.
There were also problems with the way the search was carried out, the suit contends. Officers either did not knock "or knocked so lightly and spoke so inaudibly" that "no occupant could be expected to ... be made aware of their identity," the suit says. Then, the suit says, officers did not "wait a reasonable amount of time" for Cooper to answer the door.
The suit asserts that Cooper was startled by the intrusion and feared that criminals were entering his home.
"They caused him to fear that a criminal entry was occurring and that his life and property were in danger and caused him to act accordingly," says the suit, filed by attorneys Kevin Shea and Joe Stellute.
The suit asserts that police should have foreseen that "special efforts" were needed because Cooper had "impaired vision and hearing," which "the defendants knew or should have known," the suit asserts.
Named as defendants are Hampton police corporals H. Keith Tucker, Kendall Brown, Wayne Roberts, Juan Figueroa, Christopher Hake, and officers Cherine Freemont and Ryan Boone. Sgt. Richard Winer, a supervisor, is also listed.
Because they were on duty, the city is likely to be responsible for any judgments against them, if any.
Crystal A. Keithley, the executor of Cooper's estate and the aunt of the teenage boy to whom he had left his estate, is the plaintiff in the case. Cooper's son, Robert Mark Cooper, is also named as a beneficiary.
Hampton Police Chief Charles Jordan, who has backed his officers in the shooting, declined to comment on the suit Monday, citing its pending nature. Hampton City Attorney Cynthia Hudson said she had not yet read the suit and had not been served.
"If we are served, we will do what's necessary to defend the city's interests vigorously as warranted," she said.
The complaint shows that basic facts of the case are in dispute.
Police acknowledge that narcotics raids are typically conducted quickly so as not to allow defendants to destroy evidence, such as by flushing it down the toilet.
But in contrast to the lawsuit's claims, police have asserted that the knocks were loud, with officers announcing their presence with, "Police, Search Warrant!" in loud voices.
A report by the Hampton prosecutor's office in November said police knocked at the screen door, then the front door, then again at the front door after getting no response.
Also, while the suit asserts that a fearful Cooper mistook the officers for criminals, Chief Deputy Commonwealth's Attorney John Haugh wrote in his report that an officer confronting Cooper inside the home identified himself "several times" as a police officer, and commanded Cooper — hiding behind a bedroom door holding a gun — to drop his weapon.
Haugh's report said that Cooper fired at the officer once, followed by the officer shooting three shots. Cooper then "disappeared" and re-emerged to fire a second shot, followed by another two shots from the first officer and three shots from a second.
"The officers reasonably feared death or serious bodily injury and consequently their response with the use of deadly force was a justifiable act of self defense," Haugh wrote.
After the shooting, one bottle labeled as containing prescription painkillers and three empty bottles of prescription painkillers were found, as were 16 other bottles labeled as medications designed to treat
,
arthritis,
heart disease and other symptoms. Police said that "more than one" of the bottles found in the home were in names other than Cooper's.
