Personal Representative of the Estate of Lorenzo Horance Anderson See Attached. General Statement of Negligence Claim In order to establish a claim for negligence it is required that there be a Duty, Breach of That Duty, Actual as well as Proximate Cause and Damages. Lorenzo Horace Daeshawn WRONGFUL DEATH was the result of the negligence of many. Essentially the system let him down! Evidence including but not limited to witness statements, public records, video footage, phone logs and eyewitness accounts will and do establish a prima facia case of negligence. The Seattle Police Department, Seattle Emergency Medical Services, Mayor Jenny Durkin, Seattle City Council, and the State of Washington was NEGLIGENT and clearly breached the duty of reasonable care owed to Lorenzo Horace Daeshawn Anderson on June 20, 2020. In fact, being both the actual and proximate cause which resulted in wrongful death of this 19-year-old special needs young man. This WRONGFUL DEATH was both PREVENTABLE & PREDICTABLE. Lorenzo Anderson, while in or near the “CHOP” or “CHAZ” area in the City of Seattle, where he was shot multiple times resulting in his untimely death. The 58th Precinct had been deserted the CHOP area was left without a functioning plan to provide essential services, creating a danger. Cursory Examination of Duties owed to Lorenzo Daeshawn Anderson on June 20, 2020 • The Seattle Police Department failed to prevent crime, enforce the law, and support quality public safety by delivering respectful, professional and dependable police services and BREACH their DUTY OF REASONABLE CARE. • The mayor as the city of Seattle’s Executive officer failed to enforce the law and BREACHED her DUTY OF REASONABLE CARE owed to Lorenzo Dashawn Anderson resulting in his wrongful death. • The Seattle City Council with KSHAMA SAWANT at the helm failed to develop laws and policies intended to promote the health and safety of Seattle's residents. BREACHED her DUTY OF REASONABLE CARE owed to Lorenzo Daeshawn Anderson resulting in his wrongful death. • The State of Washington including but not limited to the Washington State Guard although equipped and trained in the protection of life or property and the preservation of peace, order and public safety failed to do so. BREACHED their DUTY OF REASONABLE CARE owed to Lorenzo Daeshawn Anderson resulting in his wrongful death •The City of Seattle failed to provide emergency medical despite knowing it was urgently needed. Breaching their systemic duties to provide reasonable care resulting in Lorenzo Daeshawn Andersons’ loss of life and wrongful death. DAMAGES Claimant’s injuries and damages are ongoing. Investigation and discovery of the full nature and extent of their injuries are ongoing. Claimant has not yet determined the full amount of their special and general damages. Their special damages include but are not limited to lost wages, lost employment opportunities, and medical and medical health expenses. Their general damages include but are not limited to violation of their constitutional rights, physical injury, pain, suffering, mental/emotional distress, humiliation, fear, and embarrassment. . General discussion of events surrounding the NEGLIGENT AND WRONGFUL DEATH of Lorenzo Daeshawn Anderson The Capitol Hill Occupied Protest (“CHOP”), also known as the Capitol Hill Autonomous Zone (“CHAZ”) or Free Capitol Hill, was a non-governmental autonomous zone in the Seattle neighborhood of Capitol Hill. This zone was created on June 8, 2020 in the aftermath of the Seattle Police Department (SPD) abandoning its East Precinct building. The building and the area nearby were not recovered until July 1, 2020. The City of Seattle, through Seattle Police Department, Seattle Department of Transportation, Seattle Fire Department, Seattle Department of Emergency Management, Seattle Department of Public Health, Mayor Jenny Durkan, and Seattle City Council permitted, aided, abetted, and contributed to the takeover of a division of Seattle. The State of Washington’s agents did not intervene, nor did King County. Apparently, on the night Anderson was killed, the King County Sheriff’s Department was working with SPD. The Mayor of Seattle motivated and nurtured CHOP as she believed the occupation of the area was creating a “summer of love.” However, as many well know, it became a “summer of blood.” Anderson was not the only one who was hurt during this time. Lorenzo Anderson, son of Horace Anderson and Donnitta Sinclair Martin, was a special needs teenager who was full of life. He was kind, personable, and cared for his community by volunteering for the Urban Arts program in Seattle City of Seattle, Seattle employees, the County of King, Seattle agencies, the State of Washington, and their agents failed him and are responsible for his death. Additional Information for context In May 2020, protests began in Seattle following the death of George Floyd leading to violence, looting, and destruction. Then, on May 30, 2020, Mayor Durkan issued a Civil Emergency Proclamation granting the Mayor the power to address threats to public safety. [1] In the proclamation, the Mayor created a curfew for 5:00 p.m. for May 30th and 31st and banned use of weapons. She also discussed the violence and destruction the protests have caused. Mayor Durkan believed that these protests were dangerous to the safety of the Seattle community and needed to be controlled. To achieve control, she gave authority to the police and fire department by stating, “direction of any necessary population and property protection, as well as control of incidents and maintenance of public peace and order…[o]their departments and personnel will assist as requested.” In the proclamation, Mayor Durkan explained: “This Proclamation shall be terminated by the issuance of another proclamation of when I determine that extraordinary measures are no longer required for the protection of the public peace, safety and welfare, or by passage of a termination resolution by vote of not less than two-thirds (2/3) of all the members of the City Council. Before termination of this civil emergency I or the City Council shall consult with the Chief of Police, the Fire Chief, the Director of Public Health, and the Director of Emergency Management to determine if there are any fiscal, public safety response or disaster recovery imperatives that require the continuation of emergency measures.” Despite the proclamation, protests continued to grow in Seattle, moving to the Capitol Hill neighborhood. Seattle police issued a declaration late June 1st declaring a riot.[3] Even though protests were increasing in destruction, Mayor Durkan and Seattle Police Chief announced a 30- day ban on the Seattle Police Department utilizing tear gas.[4] Wild protests continued in Capitol Hill. During Seattle Police Chief Carmen Best’s press conference on June 8th, 2020, she stated: “We’re not going to evacuate or abandon the East Precinct…We will be hardening the East Precinct facility by boarding up the exterior windows, and applying fire retardant to the building exterior and installing fencing.”[5] But the Seattle Police began to leave the East Precinct, even with over 12,000 complaints about the response in Capitol Hill. The SPD East Precinct was occupied by protestors who vandalized the building and area surrounding it. With the protestors occupying the zone and blocking anyone else from entering, those new leaders declared it the Capitol Hill Autonomous Zone (CHAZ) which was later was changed to the Capitol Hill Occupied Protest (CHOP). [6] On June 9th, 2020, a driver drove down a street into the protests. He shot one of the protestors who came up to his vehicle which he claimed was because of self-defense. He escaped through the zone and eventually surrendered to the police. On June 10th and 11th, 2020, the President of the United States cautioned Mayor Durkan about CHOP and advised Seattle to take back control of the ‘autonomous zone’.[8] Although there were warnings of the dangers of permitting an autonomous/ uncontrolled section of Seattle, Mayor Durkan proclaimed there was “no imminent threat of an invasion of Seattle.” On June 12th, 2020, Mayor Durkan participated in an interview with CNN host Chris Cuomo. In the interview: the following statements were said: Chris Cuomo: How long do you think Seattle and those few blocks looks like this? Mayor Durkan: I don’t know. We could have a summer of love! Chris Cuomo: Well, tell that to the police who are supposed to be in that precinct, though.[9] By the next week, leaders with semi-automatic weapons were seen to be self-policing the CHOP area. Mayor Durkan did not follow her own proclamation to protect “public peace” when she continued to actively allow lawlessness in CHOP. Furthermore, on June 16th, 2020, Seattle Department of Transportation set up improved concrete barriers for the “CHOP” to continue its autonomous community, led by anarchist protestors, after discussions between the protestors and local government. [10] Seattle police explained it would only respond to “significant life-safety issues” in CHOP. A protestor vocalized that entry to the zone for fire and EMS was acceptable, but not after 10 p.m. On June 17th, 2020, after discussing with the Director of Emergency Management, Seattle’s Police Chief, and the Director of Public Health, Mayor Durkan ceased her Proclamation while proclaiming there was “no fiscal, public safety response or disaster recovery imperatives that require the continuation of emergency measures[.]”[11] On June 18th, 2020, the Seattle Police Department proclaimed: “The Seattle Police Department continues to provide public safety service to all of Seattle. SPD is still responding to 911 calls and conducting investigations in the neighborhoods served by the East Precinct. Police are also making contacts around the perimeter of the CHOP/CHAZ zone and documenting incidents within the area. The City of Seattle continues to communicate with groups in the CHOP to determine the future of the Seattle Police Department’s East Precinct building at 12th Avenue and Pine Street.”[12] The Seattle Police did not show up to calls of violence or burglary in and around CHOP. [13] In one occurrence, a man recording a video was threatened and imprisoned by random people in CHOP.[14] When Seattle Police Chief Carmen Best was questioned about why the police left the CHOP area, she reluctantly said “if you’re asking about the current situation, it’s not one that I like”.[15] On June 20th, 2020, around 2:19 am, the predictable happened. A 19-year-old boy, Horace Lorenzo Anderson, Jr., (who goes by “Lorenzo”) was shot several times in the area around CHOP. According to the Police Report, the shooting took place at East Pine and 10th Avenue. While Seattle first responders were called instantly, because Seattle Fire Department waited for Seattle Police Department and Seattle Police Department waited for Seattle Fire Department, Lorenzo bled to death on the cold, hard ground, waiting for them to come rescue him. The 911 calls started coming in at 2:19 a.m. At 2:29 a.m., an ambulance and fire vehicles sat about a block and a half away at Broadway and Pine, waiting for police clearance to enter the zone. They were told the police were “working on” getting them clearance to enter. According to police dispatch radio, at 2:33 a.m. police were at 12th and Cherry, 5 minutes or less away from dying Lorenzo, and a block and a half away from EMS and fire responders, waiting for fire to arrive. For close to twenty whole minutes, Seattle Police and Fire Departments communicated with dispatchers on separate radio channels, communicated the wrong locations, and miscommunicated the procedures for providing medical attention to Lorenzo.[16] Meanwhile, 19-year-old Lorenzo lay helpless on the pavement, bleeding to death while 911 calls continued to pour in, with bystanders begging authorities to send help. As Lorenzo’s pulse faded, volunteers performed CPR while other bystanders were on the phone with emergency dispatchers, receiving conflicting information about how to get Lorenzo into the ambulance once it arrived. At 2:39 a.m., Police moved into the CHOP zone at the 900 block of East Pine. At 2:45 a.m., Lorenzo was pronounced dead at Harbor View Medical Center, where he was brought by civilians. The Seattle EMT was less than a minute away from Lorenzo as he bled out, and the Seattle Police were less than 5 minutes away from him as he bled out. Essentially, Lorenzo was left to die. The Autopsy reveals that although there were multiple gunshot wounds, none appeared to hit major organs. Considering the more than adequate knowledge of the danger and violence associated with the CHOP area, Seattle leaders failed Lorenzo and the community. The “summer of love” predictably became the “summer of blood.” Only after the preventable death of Lorenzo and others did Mayor Durkan finally announce Seattle would take back “CHOP”.[17] [1] https://durkan.seattle.gov/2020/05/mayor-durkan-issues-emergency-orders-proclaiming-civil- emergency-due-to-demonstrations-and-banning-use-of-weapons-throughout-city/ ; https://durkan.seattle.gov/wp-content/uploads/sites/9/2020/05/0897_001.pdf [2] https://durkan.seattle.gov/wp-content/uploads/sites/9/2020/05/0898_001.pdf ; https://durkan.seattle.gov/wp-content/uploads/sites/9/2020/05/0899_001.pdf [3] https://spdblotter.seattle.gov/2020/06/01/spd-declares-east-precinct-demonstration-a-riot/ [4] https://www.seattletimes.com/seattle-news/watchdog-groups-to-seattles-mayor-and-police- chief-spd-should-stop-using-tear-gas-on-demonstrators/ [5] https://www.kuow.org/stories/they-gave-us-east-precinct-seattle-police-backs-away-from-the- barricade [6] https://www.capitolhillseattle.com/2020/06/welcome-to-free-capitol-hill-capitol-hill- autonomous-zone-forms-around-emptied-east-precinct/ [7] https://komonews.com/news/local/driver-claiming-self-defense-in-capitol-hill-protest- shooting-has-ties-to-police [8] https://www.washingtonpost.com/nation/2020/06/11/trump-seattle-autonomous-zone-inslee/ [9] https://www.washingtonexaminer.com/news/we-could-have-the-summer-of-love-seattle- mayor-says-she-doesnt-know-when-chaz-occupation-will-conclude [10] https://www.king5.com/article/news/local/protests/seattle-chop-making-changes-improve- safety-access-protest-zone/281-8abc0213-6284-4a87-8926-427e7a649e23 [11] https://durkan.seattle.gov/wp-content/uploads/sites/9/2020/06/Proclamation-Terminating-the- Civil-Emergency-due-to-Protesting.pdf [12] https://spdblotter.seattle.gov/2020/06/18/man-arrested-for-break-in-arson-at-chop-area- business/ [13] https://www.q13fox.com/news/inside-the-chop-a-resident-of-seattles-protest-zone-says-she- feels-like-a-hostage-in-her-neighborhood [14] https://komonews.com/news/local/man-says-he-was-threatened-detained-by-people-inside- chop-while-live-streaming [15] Supra note 13. [16] https://www.kuow.org/stories/seattle-police-and-fire-confusion-slowed-response-to-chop- shooting-not-protesters [17] https://www.q13fox.com/news/seattle-will-move-to-dismantle-chop-protest-zone-mayor- durkan-says
Enter the password to open this PDF file:
-
-
-
-
-
-
-
-
-
-
-
-