In a disappointing turn of events, a man who claims to have been shot in the back of the head with a rubber bullet by Los Angeles police during a protest against the killing of George Floyd in 2020 faced a setback in court. The judge ruled that his attorneys cannot continue to question the officer who fired the weapon.
According to court documents filed by Randall Stewart’s attorneys, LAPD Officer Bryan Dameworth’s lawyer prevented them from asking crucial questions during the initial deposition session in July. However, Judge Daniel S. Murphy stated in his ruling that Dameworth was not evasive.
“After reviewing the deposition transcript, the court agrees with Dameworth that the questions were asked and answered multiple times,” Murphy wrote.
The plaintiff’s attorneys argue that during the first deposition session on July 19, Dameworth’s counsel instructed him not to answer questions about whether his actions aligned with his training in the use of the 40mm launcher, or whether the protest started peacefully. However, the judge noted that Dameworth claimed to be trained to consider the surroundings before discharging a weapon and that he was unsure if the protest began peacefully.
“There is no valid reason to further depose Officer Dameworth by repeating questions he has already answered,” Murphy stated.
According to Stewart’s attorneys, on May 30, 2020, the plaintiff and other protesters marched down Gardner Street, turned onto Third Street, and eventually stopped near Fairfax Avenue. When the protesters refused to leave as instructed by the officers, Dameworth allegedly began cursing at them and shooting rubber bullets into the crowd. One of these bullets struck Stewart in the head, causing severe and permanent injuries.
The lawsuit, originally filed in March 2021, includes allegations of assault, battery, intentional infliction of emotional distress, and civil rights violations. Additional claims were later added.
Stewart’s attorneys argued in court documents that Dameworth’s deposition was rife with unnecessary interruptions and instances of the defense attorney coaching the witness or making testimonial statements.
Due to the constant disruptions, Stewart’s attorney decided to suspend the questioning after more than three hours. They sought an instruction from the court to limit the defense attorney’s interruptions, as stated in the plaintiff’s lawyers’ court papers.
In April 2021, former Minneapolis Police Officer Derek Chauvin was convicted of murder in Floyd’s death, which occurred on May 25, 2020. In June 2021, he was sentenced to over 22 years in prison.
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