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

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