From [HERE] Another major delay in the Terrence Sterling family's fight for justice for their slain son, shot and killed by D.C. police.
Friday, DC Superior Court Judge Jennifer Di Toro granted the Attorney General's motion to delay or "stay" the civil lawsuit until September 22, 2017, more than one year after the death of 31 year old Terrence Sterling.
In December, the family filed a $50 Million wrongful death lawsuit against the District of Columbia, Metropolitan Police Department, and Officer Brian Trainer. Officer Brian Trainer has pled the fifth in response to the civil suit.
The city has responded and in court documents admit to pursuing the motorcycle because Sterling was reportedly driving "erratically."
According to the court record, police blocked the intersection of 3rd and M Streets, NW in order to prevent Sterling from crossing the intersection. That's when his motorcycle sturck the passenger side door leaving minor damage. Police allege he "rammed" the cruiser. Officer Brian Trainer, who was in the passenger seat, then shot Sterling in the neck and back. He was pronounced dead at 4:54 a.m. onon September 11, 2016.
According to a press release from the law firm representing the Sterling family in the lawsuit:
"The complaint alleges that Metropolitan Police officer Brian Trainer shot Mr. Sterling in the back, killing Mr. Sterling from the safety of a police vehicle despite the fact that Mr. Sterling was unarmed and posed no danger to Officer Trainer or any other person.
"The complaint alleges that Officer Brian Trainer and his partner violated multiple Metropolitan Police Department General Orders in the moments leading to Mr. Sterling’s death. Specifically, the Complaint alleges that General Order 301.03 prohibits officers from placing themselves in front of an oncoming vehicle where deadly force would be the likely outcome. In spite of this General Order, officers unlawfully placed themselves in front of Mr. Sterling’s oncoming motorcycle.
"Additionally, the complaint alleges that General Order 301.03 also prohibits officers from intentionally causing contact between their police vehicle and a civilian’s vehicle, or attempting to force a civilian vehicle into another object or off the roadway. The officers violated this Order by intentionally blocking Mr. Sterling’s path of travel, causing contact with his motorcycle, and trapping his motorcycle between the police car and the curb. While Mr. Sterling was trapped between the curb and the police car, Officer Trainer unlawfully drew his gun, pointed it at Mr. Sterling, and shot him, using deadly force in violation of General Order 901.7.
"The complaint alleges that each of these violations independently caused the death of Terrence Sterling."
Trainer was identified as the D.C. police officer who fired his weapon. City officials say he was wearing a body camera, but failed to turn it on until after the shooting. The body camera footage that was recorded would later be released by Mayor Muriel Bowser.
"An additional claim alleges that Officer Trainer committed battery by using excessive force in shooting and killing Mr. Sterling. Inexplicably, there is no video from Officer Trainer’s body camera because the Metropolitan Police Department and the District of Columbia failed to properly train and supervise Officer Trainer and all MPD officers on the required use of body cameras and the appropriate use of force," the press release continued. "As a result, Officer Trainer did not activate his body camera to properly document Mr. Sterling’s death, which has deprived the Sterling family of valuable evidence depicting the circumstances leading to Mr. Sterling’s death."
In November, prosecutors with U.S. Attorney’s Office opened a grand jury investigation into this case.