Tuesday, January 20, 2015

CALIFORNIA COPS THREATENED WITH LAWSUIT FOR DOING THEIR JOBS

Lawyer claims Stockton cops were to blame for the taking of hostages in bank robbery and for his client getting shot by one of the robbers

Let’s see now, if the Stockton, California cops had not blocked the escape route of some bank robbers, bank employee Kelly Huber would not have been taken hostage and she would not have been accidentally shot by one of the robbers. Now that’s what I call creative thinking. But why stop there? Why not sue the cops for global warming as well?

Bob Walsh says the reason Huber is suing the city instead of the robbers, is that the city has deep pockets while the robbers don’t have shit. Besides, two of the robbers were killed during a final shootout with the police.

HOSTAGE FILES CLAIM AGAINST CITY, POLICE IN BANK OF THE WEST ROBBERY
By Jason Anderson

Stockton Record
January 19, 2015

STOCKTON — An attorney representing one of the hostages taken in a bank robbery that led to a deadly shootout has filed an injury claim stemming from the case against the city of Stockton and the Stockton Police Department.

Attorney Michael J. Dyer filed the claim on behalf of Kelly Huber, one of three women who were taken hostage July 16 as three heavily armed gunmen fled from a Bank of the West branch on Thornton Road. The claim seeks upwards of $500,000 in damages.

A copy of the claim was mailed to The Record last week. The document indicates that a copy was mailed to the Police Department and delivered to the City Clerk’s Office, but police and city officials were unable to confirm receipt of the claim over the weekend.

Dyer said the City Council now has 90 days to accept or reject the claim. If the claim is rejected, as Dyer anticipates, he would have up to six months to file a lawsuit.

“We wouldn’t wait,” he said. “We would file it the same week.”

Neither Officer Joe Silva, a spokesman for the Police Department, nor Connie Cochran, a spokeswoman for the city, would comment on the pending litigation.

The claim alleges that officers acted negligently and in violation of police procedures when they interrupted the robbery and engaged the gunmen, resulting in a pursuit that included a rolling gun battle and a final shootout. One of the hostages, 41-year-old Misty Holt-Singh, and two of the gunmen died in the shootout.

Huber, the bank manager, and another bank employee were thrown or jumped out of the getaway vehicle during the pursuit, authorities said. Dyer said one of the bank robbers who was later killed in the shootout accidentally shot Huber, who was driving as they fled from the bank.

“He said, ‘Oh, God, I’m sorry. I didn’t mean to do that,’ ” Dyer said.

According to the claim, Huber sustained two gunshot wounds, one to each leg. The wounds caused severe injuries, including broken bones and tissue damage, resulting in disability, emotional distress, scarring, disfigurement and lost wages, Dyer said. Dyer indicated that Huber still is recovering from her injuries and is incurring wage losses.

“It is believed the total claim will exceed $500,000,” Dyer said. “This amount may adjust upward or downward depending on future circumstances.”

The claim further states: “The negligence and violation of procedures included but are not limited to: 1) confronting the robbers before they disengaged with (Huber) and other victims; 2) confronting the robbers without a plan for containment and communication; 3) failing to communicate with bank security, which had video cameras in and outside of the bank detailing the robbery in progress; 4) causing a chase to ensue with gunfire; 5) placing (Huber) in a more dangerous position upon confrontation by police.”

Dyer contends that the gunmen would not have taken hostages if police had not blocked the exit as they fled from the bank. Dyer noted that two of the gunmen had robbed the same bank before, saying that in the earlier robbery they fled in a vehicle belonging to a bank employee without taking hostages.

This time, they were holding Huber at gunpoint as they exited the bank, but Dyer believes they intended to let her go after she led them to her vehicle.

“It’s pretty standard procedure for police to hang back until the robbers leave the building and the employees and customers are out of harm’s ways before they attempt to approach them,” Dyer said. “In this case, a police car came up and blocked the exit as the robbers were leaving, and that caused them to take hostages. Once they knew the police were there, rather than just taking the car and taking off, they brought Ms. Huber back into the bank and grabbed Misty, the customer, and another bank employee, and we all know what happened after that.”

Dyer said Huber has been unable to return to work as she continues to recover from her injuries.

“She still walks with a cane,” Dyer said. “She had surgery to put metal screws, bolts and plates in her leg, so she still has a long way to go. Otherwise, she’s doing pretty well. Mentally, she’s doing very well considering the trauma. She’s been a longtime banker and this is not her first robbery. She’s had a gun put in her face a few times, by these same robbers, in fact.”

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