OPD Cop Killer family files suit

[pecha]

http://www.contracostatimes.com/news...nclick_check=1

OAKLAND — A sister of Lovelle Mixon who was inside the East Oakland apartment where Mixon killed two Oakland SWAT sergeants March 21 is claiming the city should pay her and her grandmother more than $10,000 after she was wounded by a stun grenade and, she says, subjected to hours of subsequent mistreatment by police.

The tort claim, which could be a precursor to a lawsuit against Oakland, was ripped by an attorney whose firm represents nearly all the SWAT officers on scene when police stormed the apartment where Mixon was hiding after he fatally shot two motorcycle officers earlier the same day.

"It's nothing short of an outrage," said attorney Michael Rains, later adding, "I'm just astounded at the depths that people will go to these days to try to get some money from governmental agencies."

Rains said as far as he's concerned the sister should be considered an accessory to Mixon's crimes for not alerting police about his location.

Mixon was a 26-year-old wanted parolee March 21 when he fatally shot motorcycle Officer John Hege, of Concord, and Sgt. Mark Dunakin, of Pleasanton, and then killed SWAT Sgts. Erv Romans, of Danville, and Daniel Sakai, of Castro Valley, before police killed him. The Oakland Police Department is due to release a report on the March 21 shootings in early January.

The claim filed on behalf of Mixon's sister, who was 16 at the time of the shootings, said she was aware Mixon had entered the apartment earlier, but unaware of his exact location when police raided the apartment.

Mixon's sister was leaving a bathroom when police entered and threw an "explosive device directly at her," the claim says. The device struck the sister's left leg, exploded, and left a serious burn, the claim says.

The sister subsequently fled the house where, according to the claim, an officer accused her of "hiding this (racial slur)." The claim further alleges one officer said unless she said who else was inside the apartment, "I swear to God, I'll blow your head off."

The girl was then taken to the hospital where police repeatedly interrupted her conversations with a doctor as she was treated, the claim alleges. She was then questioned further at police headquarters until 2 or 3 a.m., the claim says. The sister says at no point was she told she did not have to answer questions nor was she offered a lawyer.

The sister was never charged with a crime, and police said they treated her as a witness to the incident, not a suspect.

The claim was filed Sept. 18, and seeks damages in excess of $10,000 for, among other things, bodily injury, pain and suffering, emotional distress and medical expenses.

Christopher Morray-Jones, the Oakland attorney representing the sister, was out of the country last week, but said in an e-mail that litigation is under consideration.

"Whatever Lovelle Mixon may have done (and I am certainly not defending that), I don't believe there can be any justification for the way this young woman was endangered and, subsequently, treated," Morray-Jones wrote.

He filed the claim on behalf of the sister, whose name is being withheld because she is a minor, and Mary Mixon, the grandmother and legal guardian of the girl.

Alex Katz, a spokesman for City Attorney John Russo, said the issue is still pending, adding, "We will give (the claim) the attention that it merits." Officer Jeff Thomason, the Police Department's spokesman, said some of the allegations in question have been investigated and will be covered in the January report.

Others, he said, are relatively new and are still under investigation.

For his part, Rains said the sister's account is riddled with errors and misinformation. Rains has not seen a copy of the Police Department's report, but has sat in on interviews in both the homicide and Internal Affairs investigations of the March 21 slayings. The sister's account of what she knew about her brother is a lie, Rains said.

"She knew full well he was in there hiding from police," he said. "She knew full well he was armed. She did nothing."

Rains also said SWAT officers did not intentionally throw a stun grenade at the girl, but rather used the weapons to gain a tactical advantage as they raided the apartment. He added he was not aware of any officer using a racial slur at any point.

"I've seen some crazy claims; I've seen some questionable claims; I've seen some specious claims," he said. "This claim is worse than any of those. "... It's absolutely meritless. It's shameful."

your thoughts?

[SHines-IT]

Only read what is in bold, sooooo.... I say, put her in room and throw flash grenades in every 3-5 mins, for about an hour. Then ask do you want go to court, or should we start over "racial slur"?

[FSANE]

Just pay for her medical expenses. Case closed.

[cammed goat]

She knew full well he was in there hiding from police," he said. "She knew full well he was armed. She did nothing."

Harboring Fugitive. Nope. She should get squat. When I was a police explorer for my old hometown there was an old saying which I still rely on. "Guilt by Association."
She is lucky she doesn't get hit with an "Accessory After the Fact" charge. I could be wrong though. An LEO will chime in soon though.

[pecha]

Just pay for her medical expenses. Case closed.

I gotta disagree. Her brother killed 6 cops. She knew he was in the appartment. She's lucky she's alive and not getting tried for harboring fugitive

[FSANE]

I gotta disagree. Her brother killed 6 cops. She knew he was in the appartment. She's lucky she's alive and not getting tried for harboring fugitive

I know, I know. but look at it this way. She was a collateral damage. She is young and stupid, but how often to you see family ratting their own out. Like it or not we would all do the same.


If one of your family members run into the house hiding from police, would you call 911? (Unless you hate that person)

[SHines-IT]

I know, I know. but look at it this way. She was a collateral damage. She is young and stupid, but how often to you see family ratting their own out. Like it or not we would all do the same.


If one of your family members run into the house hiding from police, would you call 911? (Unless you hate that person)

Nope... Sadly we did not... But, none the less if the cops come raiding in, I will be pointing fingers. But no, I am not going to call them and did not. But my brother did not kill anyone either.

[FSANE]

Nope... Sadly we did not... But, none the less if the cops come raiding in, I will be pointing fingers. But no, I am not going to call them and did not. But my brother did not kill anyone either.

Do I have to ask?

[pecha]

I know, I know. but look at it this way. She was a collateral damage. She is young and stupid, but how often to you see family ratting their own out. Like it or not we would all do the same.


If one of your family members run into the house hiding from police, would you call 911? (Unless you hate that person)

it's a tough one
BUT
I'd at least leave the house

[FSANE]

it's a tough one
BUT
I'd at least leave the house

Hell yeah, If the cops start surrounding the house, my ass is out of there, but according to the article, she was coming out of the bathroom when they raided inside.

[SHines-IT]

Do I have to ask?

My brother went AWOL (SP?) during AIT's... He lied to the family, we all knew the truth since allot of the family was military. But we just never said anything, just what ever... He gut busted running a red light, so all is fair. But I don't get how they gave him a general discharge, then a year later honorable, explain that?

[c5z28]

Waiting for a protest on the offenders behalf for "police brutality".
Might have to make the 30min drive and run some people over.

[cuervo25_1]

Just pay for her medical expenses. Case closed.

Fuck all that noise just another (enter racial slur here) trying to cash in on bullshit. If they win they will most likely use the money to get into trouble themselves. I say we send them and all the illegals and every other criminal to california, and get all the decent people out of california and let the criminals kill each other. You all know damn good and well someone would be screaming foul, either with the all time famous line " but he was a good kid he didn't deserve to die" or " it is the whitie mans fault for holding us back" or some sort of personal injury,mental anguish or some other bullshit. ok enough for that rant.

[SouthernBornThriller]

Surprised this has made it this far.

It's pretty simple...give her the cash she wants. Pay her med bills. All the other bs.

Then hit her with harboring a fugitive, possibly possession of stolen firearms in Cali, resisting arrest (after all, if the cop was that severe with her on scene, she must've given him a reason.) and whatever else some pissed off OPD brass who just lost several good men can cook up. Don't let her ass EVER see the chance to use her "winnings". Maybe even seize it right back somehow.

[c5z28]

Surprised this has made it this far.

It's pretty simple...give her the cash she wants. Pay her med bills. All the other bs.

Then hit her with harboring a fugitive, possibly possession of stolen firearms in Cali, resisting arrest (after all, if the cop was that severe with her on scene, she must've given him a reason.) and whatever else some pissed off OPD brass who just lost several good men can cook up. Don't let her ass EVER see the chance to use her "winnings". Maybe even seize it right back somehow.

It's called welfare

[pecha]

FSANE
Mixon killed the first two officers at 1:08 pm
first 911 call comes in at 1:16 pm and police are mobilized to begin a manhunt
sometime shortly after, a tip comes in he is at his sister's apartment
police begin mobilizing outside the apartment at 1:55
there are TONS of police, helicopters, you name it. its on television. its loud, its impossible to ignore. she could have left anytime after he walked in the door. she could have called police herself. she could have asked for help.
at 3pm police were getting ready to enter the apartment.
she had almost two hours to do any of this. she stayed in there with him. knowing he was armed, knowing who and what he was.

[The Project]

Charge the family for the cost of the bullets fired by law enforcement and the cost of the stun grenade.....

[sharptransam]

I gotta disagree. Her brother killed 6 cops. She knew he was in the appartment. She's lucky she's alive and not getting tried for harboring fugitive

Yeah. she shouldn't get a damn thing. she knew what he had done, knew he was there and still didn't do anything...even just getting up and leaving would have been smart.

If there's one good way to piss off every cop in the city, its to shoot one of them. This dude killed a handful. Everyone in that appartment is lucky they didn't shoot first and forget the questions.

[sharptransam]

Nope... Sadly we did not... But, none the less if the cops come raiding in, I will be pointing fingers. But no, I am not going to call them and did not. But my brother did not kill anyone either.

yeah its the brother's fault they got hurt anyway. what kind of genius shoots up some cops and runs home like they don't know where their parolee's live? I would go ANYWHERE but home!

[jad628]

Let her sue for whatever she wants, but then the families of the dead officers should sue her collective ass for EVERYTHING she ever has, and ever will, own(ed). Won't need proof beyond a reasonable doubt, just preponderance of the evidence to win a civil suit and make her life as miserable as possible. Her and any other member of this dirtbag's family who wants to publicly bitch about anything.