Clarke
WASHINGTON – The killing of a Black man asleep in his car has led to a lawsuit against the District of Columbia, months after federal prosecutors declined to bring charges against the cops who shot Justin Robinson.
Robinson’s mother Alicia sued D.C. and members of the Metro Police Department on Aug. 7 in federal court, charging them with excessive force and wrongful death in the Sept. 1 shooting of Robinson at a McDonald’s drive-thru.
The lawsuit says cops surprised a sleeping Robinson when they reached through the open driver’s window with their guns drawn. The Department of Justice says the cops were attempting to retrieve the firearm Robinson had on his lap.
Robinson was 26 years old and a D.C. “violence interrupter” who advocated for peace in his community.
“Mr. Robinson was startled out of his slumber and lacking full consciousness, reacted by placing his right hand up to his face and his left hand on the driver’s door,” the suit says.
Officers Vaso Mateus and Bryan Gilchrist were among those who responded to a call that a vehicle had crashed into the side of the McDonald’s and found Robinson unresponsive. He had been in the car for about an hour, apparently asleep, before the vehicle moved forward and struck the restaurant.
Prosecutors said Robinson woke up and refused to relinquish his own gun while grabbing the firearm of an officer. He was told to take his hand off the gun but continued to struggle, they said.
The two officers fired 11 rounds at him, killing him. The DOJ said there was “insufficient evidence to prove beyond a reasonable doubt” the officers would be criminally liable for the death.
In civil court, the standard will be lower. The suit, filed by Andrew Clarke of District Legal Group, alleges civil rights violations and seeks $15 million.
“A reasonable jury could conclude that unlawfulness of Officer Mateus and Officer Gilchrist’s actions was ‘clearly established at the time’ that no reasonable officer could have believed in the lawfulness of his actions,’” the suit says.
“There was a reasonable plan to shield MPD officers at the scene behind their vehicles. There was a reasonable plan to order Mr. Robinson safely out of his vehicle.”
