Pubdate: Tue, 25 Aug 1998 Source: San Francisco Examiner Contact: http://www.examiner.com Author: Jim Herron Zamora OF THE EXAMINER STAFF LOW SETTLEMENT LIKELY IN SHOOTING City May Shell Out Mere $100,000 To Family Of Man Cop Shot From Behind The City will most likely pay only $110,000 to settle a $10 million lawsuit filed by the family of William Hankston, who was fatally shot by an undercover officer following an attempted drug bust nearly three years ago. The proposed amount is significantly lower than other settlements in lawsuits over police shootings or other wrongful deaths. The Police Commission is expected to approve the proposed settlement at its Wednesday night meeting, closing a chapter on a shooting that nearly caused a riot in the Ocean View neighborhood. City officials declined to discuss the proposed settlement. The $110,000 figure was confirmed Monday by sources close to the case. The family's attorney, John Burris, said that the family felt that the killing was "unlawful, even if it was not intentional." Burris said that the slaying violated city rules governing police weapons discharges and had caused the family financial and emotional hardship. He would not, however, discuss the settlement amount. "Mr. Hankston's death resulted from the negligent handling of a firearm," Burris said Monday night. "The officer maintained that it was accidental, and we maintained that it was unlawful: I think we are both right. The officer wasn't trying to kill Mr. Hankston, but he clearly performed below the acceptable standard for a police officer." Hankston, who was unarmed, was shot in the back of the head by Officer Jessie Washington on Sept. 6, 1995, as he fled on a bicycle at Ocean View Playground in the Ingleside District following an attempted drug bust. Washington told police investigators he had accidentally shot Hankston as he tried to pull the suspect off the bicycle. After the shooting, Washington and Officer Mike Logan were trapped in their police van by 200 angry neighbors. Seventy-five police officers arrived to rescue them, using pepper spray to disperse the crowd. In October 1995, the criminal grand jury reviewed the case and decided not to bring charges against Washington. Forensic evidence of the shooting appeared to bolster the officer's claim that the shooting had been accidental. Meanwhile, the results of an internal affairs investigation were never made public. Nor was the result of an investigation by the Office of Citizen Complaints that was completed in January. The largest recent wrongful death settlement by the police department was $1.5 million. That was to settle a lawsuit stemming from the 1995 death of a Citicorp vice president who spent the night in a San Francisco police drunk tank without receiving medical attention after lapsing into a coma. Most cases have resulted in lower payments, but more than $110,000. 1998 San Francisco Examiner - ---