Deputy’s Kin File Wrongful Death Claims : Courts: Family of Darryn Leroy Robins, fatally shot in a training exercise, seeks more than $15 million in damages from the county. Separate claim alleges fellow lawman violated slain man’s civil rights.
SANTA ANA — Accusing the Orange County Sheriff’s Department of misconduct, the family of a deputy who was shot in the face by a fellow deputy during a Christmas Day training drill has filed wrongful death claims seeking more than $15 million in damages from the county.
Rosemary Robins, the widow of deputy Darryn Leroy Robins, alleges that Sheriff’s Department and county officials knew that deputies were holding training sessions with loaded weapons in violation of department policy.
The claim, also filed on behalf of Robins’ 2-year-old daughter, Melissa, seeks damages from the county, Sheriff’s Department and the city of Lake Forest, where the shooting took place.
In a separate claim, the slain deputy’s mother, Mildred Fisher, alleges that Deputy Brian P. Scanlan violated the civil rights of her son, who was black.
The mother further alleges that Scanlan, who is white, has a history of “reckless conduct†and racial discrimination and that sheriff’s authorities, along with other state and county officials, were negligent in keeping Scanlan on the force.
The claims are the family’s first public criticism of the department since the death of the 30-year-old deputy, known for his work in helping local schoolchildren stay free of drugs and gangs.
Sheriff’s spokesman Lt. Dan Martini declined to comment Tuesday on the claims, except to say the action should be not seen as pitting the Robins family against Sheriff Brad Gates.
“Sheriff Brad Gates has a very close bond with Rosemary, Melissa and the family,†Martini said. “I don’t think there would be anything in his lifetime that would interfere with that.â€
Attorney Anne Yeager Higgins, who is representing Fisher, declined to discuss the mother’s claim, which seeks unspecified damages.
Attorneys for Rosemary Robins and Scanlan did not return calls seeking comments on the case. The widow’s claim seeks $10 million for the loss of care, comfort and support from her husband, $5 million in estimated lost earnings and $10,000 for funeral and burial expenses.
Dennis Bunker, the county’s claims manager, said the claims, filed last week, are being reviewed. The county has 45 days from the filing of the claims to issue a response to the family. Such claims must be filed before a lawsuit can be pursued.
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Authorities said the two deputies were running through a mock car-stop behind a Lake Forest movie theater, with Robins playing the suspect and Scanlan the arresting officer, when the shooting occurred. Scanlan, a 32-year-old field training deputy, told investigators that he shot Robins accidentally after he was startled to see Robins pull a handgun from the visor of his patrol car. Robins, authorities said, was apparently imitating a technique used by gang members against police.
In March, the Orange County Grand Jury rejected a prosecutor’s request to indict Scanlan. The district attorney’s office had recommended that Scanlan be charged with involuntary manslaughter, saying he was “grossly negligent†in training with a loaded weapon during the impromptu exercise.
A U.S. Department of Justice spokesman in Washington has previously said the department is investigating whether grounds exist to indict Scanlan on criminal charges under federal civil rights law. Local black leaders and other community groups, critical of the way the volatile case was handled locally, had prodded the Justice Department to investigate.
Justice Department officials could not be reached for comment Tuesday.
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