Verdict reached in case resulting in police shooting, wrongful death — $1M verdict

Type of action: Wrongful death; police shooting

Injuries alleged: Death

Name of case: Tyree v. Colas

Court: Virginia Beach Circuit Court

Case no.: CL19-6418

Tried before: Jury

Name of judge or mediator: Judge Kevin M. Duffan

Date resolved: 9/30/2021

Verdict or settlement: Verdict

Amount: $1,000,000

Attorney for plaintiff (and city): Kevin E. Martingayle, Virginia Beach; Sarah Gelsomino and Marcus Sidoti, Cleveland, Ohio

Description of case: Decedent Jeffrey Tyree was having a mental health crisis on Feb. 9, 2019, and was at his elderly mother’s home. Adult siblings tried to get him committed, but after those efforts failed, they called 911. Virginia Beach police arrived and set up a perimeter around the fenced-in backyard where Tyree was located. A plan was developed that involved negotiating with Tyree and trying to de-escalate the situation.

Generally, the plan was working. Eventually a sergeant decided that an officer equipped with a non-lethal “Sage” device would shoot Tyree if given a certain signal after Tyree put down a knife he had been holding and had been threatening to use against himself. Defendant Tuft-Williams was told to relay the signal to the Sage officer if the signal was given by the sergeant.

A take-down team was assembled and waiting to enter the yard and take Tyree into custody to get him mental help, but were waiting for the Sage shot as their signal to enter. This plan would work safely only if Tyree was not in possession of his knife. The Sage device was to be used as a distraction so that Tyree could be grabbed.

However, defendant Colas called Tuft-Williams on a cell phone and, as a result of their discussion (which was disputed as to what was said), Tuft-Williams believed the plan changed to one in which if he got a signal, he would jump the backyard fence and tackle Tyree in an effort to bring him into custody. Tyree then negotiated for some cigarettes, but was told that he must put down the knife and come get the cigarettes from the sergeant at the fence.

Tyree did as told and walked to the fence. The sergeant gave the signal for the Sage shot, but instead of Tuft-Williams relaying it to the Sage officer to take a shot, Tuft-Williams jumped the fence and ran towards Tyree. In the meantime, Tyree had retrieved the cigarettes and gone back to pick up his knife. He was tackled as he was picking it up. Colas fatally shot Tyree as Tyree and Tuft-Williams were on the ground together.

Colas claimed it was to save the life of his fellow officer. Suit was filed based on claims of gross negligence and battery. Trial commenced July 20, 2021. At the end of the plaintiffs’ case, the judge struck the evidence against the tackler, Tuft-Williams, and let it proceed as to the shooter, Colas.

Over plaintiffs’ objection, a contributory negligence instruction was given regarding the gross negligence claim. During closing argument, the defense conceded that a battery occurred but argued that the jury should find in favor of Colas on his affirmative defense of “defense of another.”

On July 26, the jury returned a verdict of $1 million against Colas based solely on battery. A defense motion to set aside the verdict was briefed, argued and overruled. Judgment on the verdict was entered Sept. 30, 2021.

The defense has stated an intention to appeal.

[021-T-137]