JUNEAU, Alaska (AP) - A jury rejected a wrongful death claim in a lawsuit filed against the city of Hoonah by the widow of one of two police officers shot and killed in 2010.
The jury ruled Monday that Officer Matthew Tokuoka was killed in the line of duty with Sgt. Anthony Wallace, making Tokuoka’s widow, Haley Tokuoka-Yearout, eligible for workers compensation benefits but not damages sought in the lawsuit, the Juneau Empire (https://bit.ly/1zdEmaV) reported.
The lawsuit claimed Wallace was inadequately trained to deal with violent, mentally ill citizens, and that his actions contributed to the officers’ deaths. Attorneys for the city said John Marvin Jr. was solely responsible for the deaths.
Marvin was convicted of two counts of first-degree murder and is serving two consecutive 99-year sentences.
Wallace, 32, and Tokuoka, 39, were gunned down on Aug. 28, 2010, in front of Marvin’s home in the southeast Alaska village of Hoonah. Prosecutors at his trial said Marvin held a grudge against the officers after a 2009 trespassing arrest that left Marvin beaten up.
On the night of the shooting, Tokuoka, his wife and two children in their personal vehicle stopped at a trash bin near Marvin’s home to dump scraps from a crab dinner. Wallace was in a patrol car, accompanied by his mother, who was visiting and taking part in a ride-along.
Wallace pulled up behind the Takuokas and turned on the patrol car lights in a pretend traffic stop. Wallace was shot as he talked to Tokuoka’s family. Tokuoka helped his family escape then dragged Wallace to cover before Tokuoka was shot twice in the chest.
Mark and Jon Choate, the lawyers for Tokuoka-Yearout, argued that Tokuoka was not on duty, making his widow eligible to claim the city had not adequately trained Wallace.
Attorneys for the city argued that Tokuoka went “on the clock” after the first shot was fired. The department’s procedural manual states that an off-duty officer must respond to such emergencies.
The jury agreed Tokuoka was on duty, rendering the other questions moot.
Tokuoka-Yearout has remarried. The family has received almost $100,000 in workers compensation benefits and $333,000 from the U.S. Department of Justice Public Safety Officers’ Benefit Program.
The lawsuit sought millions for the loss of future earning and for pain and suffering.
Jon Choate said the verdict may be appealed.
Wallace’s mother, Deborah Greene, cried after the verdict was read.
“I’m just grateful, just utterly grateful,” Greene said. “Tony didn’t do anything wrong, and I always believed that.”
___
Information from: Juneau (Alaska) Empire, https://www.juneauempire.com
Please read our comment policy before commenting.