Family of victim killed by since-fired LAPD officer awarded $1.7 million

After deciding this week that a former Los Angeles police officer fired for dishonesty was liable for killing a man, a federal jury Wednesday awarded the victim's family $1.7 million.

Joseph Cruz killed Mohammad Usman Chaudhry early on a March morning in 2008, when Cruz and his partner encountered the 21-year-old autistic man lying in the bushes alongside a Hollywood apartment building.

Since the killing, Cruz has insisted that Chaudhry tried to attack him with a knife and that he fired his gun in self-defense. On Monday, however, after four days of testimony, the jury rejected Cruz’s account when it returned a unanimous verdict finding that the ex-officer had used excessive force and acted in “a reckless, oppressive or malicious manner” when he shot Chaudhry.

During the trial, lawyers for the Chaudhry family presented evidence aimed at putting doubt in the minds of the jurors over Cruz’s account. Testing on the knife that Cruz said Chaudhry had used, for example, found one person’s DNA profile on the  handle and blade but showed that the DNA was not Chaudhry’s.

Also, after Cruz claimed he had never met Chaudhry before the shooting, a man testified that he had been present on multiple occasions when Cruz confronted Chaudhry and called him by name.

After the verdict, the jury was asked to decide how much money, if any, to award Chaudhry’s parents. Attorneys representing Cruz and the city of Los Angeles had tried to limit the size of the award by arguing that Chaudhry had had a frayed relationship with his parents that lessened their suffering.

Lawyers for the family countered that the parents cared deeply for their son, despite the strain on the relationship caused by his autism.

“We’re very pleased. I think the jury saw the truth in this case,” said Olu Orange, an attorney for the family. “This was about restoring the honor of this family’s son.”

Orange called on the city, and specifically Mayor Antonio Villaraigosa, to forgo an appeal.

“In light of the findings of the jury on the facts of this case, I hope Mayor Villaraigosa would apologize to the Chaudhry family on behalf of the city, accept the verdict and not put the family through further trauma over the loss of their son," he said. "If the city doesn’t, they’ll just be spending more taxpayer money to defend a dishonest cop.”

John Franklin, a spokesman for the city attorney’s office, declined to comment on the verdict or whether the city would appeal. Peter J. Ferguson, who represented Cruz, could not be reached immediately for comment.

The award punctuates the awkward role the city played in the case. After the shooting, the LAPD fired Cruz for dishonesty in an unrelated case. At the time, lawyers for the city argued that Cruz had destroyed his credibility.

During the trial, however, the LAPD and city attorney’s office tried to persuade the jury that Cruz was, in fact, credible and that his account of the shooting should be believed.

RELATED:

Jury finds ex-LAPD officer liable in 2008 killing

-- Joel Rubin

Follow Joel Rubin’s coverage of the LAPD on Twitter at www.twitter.com/joelrubin

Comments

[Rose]

1.7 million dollars...hmmmm...I thought a settlement was based on what the potential earnings of an individual was? And did they support their family...

Yes...what this officer did was horrible and he should be prosecuted to the fullest for his actions...but...

We as taxpayers shouldn't have to payout such an excessive amount of 1.7 million.

There should be some kind of insurance that officers would have to carry....yes the city is responsible for their actions...but there should be an distribution of financial responsiblity here.

[bigdad59]

Karmas a bi*&h

[James Andrews]

The since fired cop should be charged with murder

[DM]

Pay the family and let's move on. My condolences on their loss.

[Linda C.]

LAPD has, once again, lost a great deal of credibility because ultimately the actions of a dishonest cop fall under LAPD.

Are you listening LAPD West LA Division...

Cheers, Mr. Rubin!

[John]

That's not good!!! Now any mentally disabled person can attack an officer, try to harm the officer, and when he/she gets hurt or killed, we reward the family with a TON of money. That's the right message to send. It's a good thing that idiot didn't seriously hurt or kill the officer(s). Maybe the officer should counter sure the family for not ensuring their son's safety, assuming the autism seriously effects his judgment.

I'm glad Cruz sent the RIGHT message, if you try to stab a cop, you're gonna get shot!!!

[citien]

GOOD!ONE less killer cop on the streets.

[keepingItReal]

The cops malicious and willful but the jury didn't award money out of his pocket....hmmmmm seems like they heard some facts about chaudry they didn't like and it was too late to change their verdict.

[pattyg]

Wow a cop who lies and wields his weapon with the mentality Agent 007. What a shocker!

[SRH]

Thank you for the article, for the most part it is an acceptable summary of the case. I want to clarify something that cannot and shall not be forgotten but first, I would like to THANK THE JURY for their great service in achieving some justice - for seeing the truth...and for bringing honor to Usman Chaudry's name.

One important key point to mention to the public is that Usman Chaudry's body was kept in the morgue for "21 DAYS" before his family was notified of his death.

This is extremely crucial given the evidence that developed during the trial process (as mentioned in the article)...namely, that Usman Chaudry's DNA was NOT found on the knife Jose Cruz LIED about being attacked with, furthermore Cruz refused to provide his DNA. And his partner remains a silent accomplice.

I will NOT forgot how the City and LAPD covered up his death for "21 DAYS" before notifying his family. The right thing for the City attorney to do would be to bring criminal charges against this "malicious & dishonest" murderer who should not be seen as an ex-cop but rather as a criminal.

Instead of taking offense or insult of my comments toward the entire department or City, take it and use it as setting an example of this "malicious & dishonest" criminal ex-cop to keep the honor of the rest of the amazing law enforcement officials that have taken an oath to protect and serve against the very same conduct that Cruz has depicted.

Rather then defending a "malicious & dishonest" criminal--- try and put your child or loved one in this tragic situation and then talk...BECAUSE THE JURY WAS ABLE TO THIS JUSTICE WAS SERVED.

[u know]

Why isnt this case being tried in criminal court?

[parker]

Unbelievable. The city defending the honesty of a cop they fired for being dishonest, then try to limit the size of the award by claiming the parents suffering over their son's life was worth less than what it might have been.
DID THEY THINK THE JURY WAS THAT DUMB?

[Commentator]

Unbelievable! The mayor and the city administrative officer Santana constantly cries the city is operating in the red and civilians workers need to take mandatory work furloughs or face layoffs! This is the main reason why the city of Los Angeles is running on a deficit, which Mayor Antonio"Pancho" Villa (Raigosa wife's last name and since divorced) and Santana do not comprehend! If the city wants to truly save money then the city needs to stop paying these exorbitant lawsuit liabilities, and the only way to stop the city from bleeding too much money is to rein in the LAPD. Maybe bringing back the consent decree is needed.

[NBA]

Where did this money come from? From US taxpayers?

[Tsiui Marpo]

Great idea. Since so many officers think it's acceptable to lie on the stand, and for one another, then they should carry insurance that pays for their legal fees and any verdict. I think the verdict should have been much higher based on the facts in this case - regardless of what this man could have made in this lifetime.

This piece of information is nauseating and evil. The coroner should be sued as well. I hope the Mayor decides not to waste one more dollar defending the actions of this thug. The District Attorney should bring criminal charges but, as we know, Steve Cooley doesn't bring charges against people who fund his campaign and supported his big for AG - which, fortunately, he lost. The corruption in Los Angeles is the only reason this isn't being tried in a criminal court - and that includes the judges who routinely throw trials for the government and need to be removed from the bench.

Perhaps this will serve as a chilling wake up call to LAPD. Tampering with a dead body, and not notifying the family, is UNCONSCIONABLE - even by LAPD's standards.

My condolences to the family as well. Rest assured, that the so-called officers involved in this matter do not represent me and shouldn't be entitled to a defense - at the taxpayers expense - or their pension, etc. Once these people are criminally tried, we'll know that LAPD and Lost Angeles has decided to get real. Was the silent partner fired? This story is absolutely revolting.

One important key point to mention to the public is that Usman Chaudry's body was kept in the morgue for "21 DAYS" before his family was notified of his death.

[keepingItReal]

I think we have strayed from the fact that usman or "uzzi" as his convicted drug dealer friend that's testified in chains calls him was an adult. The jury didn't know uzzi had a rap sheet of concealed weapons and even brought a knife to highschool in the past before his parents disowned him for being gay, until after the liability part of the case. The fact the fired cop didn't have to pay out of pocket is proof the jury felt betrayed they didnt have the facts before making there verdict.
There's always a hidden agenda and the family wanted to play the lapd lottery

[keepingItReal]

for those of u legally impaired bloggers who can't access law library on line......they sued because the DA investigators who are separate from the city determined...after reviewing all of the hard facts...that the lying cop killed him lawfully.
I'm pretty sure it would've been easier for them to throw him under the bus during that investigation......nothing will change in LA its all twisted politics that you and I can never change.

[entertained!]

What was more prevalent.....this autistic man that was shuned by his family and yet despite his handicap graduated highschool, attended college then fell in live with the street life, established a residence away from home even opened a bank account....OR another LA criminal on the street commiting violations that cost US money. Family couldn't find him because they most likely weren't looking for him and he didn't want to be found.

[stk33]

If we are to assume that one purpose of the justice is to prevent future accidents like this, then this award is unrelated. $1.7M will be paid either by the taxpayers, or by the city's liability insurer, while not a hair will drop from the heads of all involved parties who committed the crime. If the cop has committed a crime, he should go to jail. If he lied to the jury, he should go to jail for even more. If the authorities were covering the crime, they become accomplices and should go to jail. Only then the next ones will keep this outcome in mind.

[SRH]

His accomplice - did not get fired because he wasn't the one that pulled the trigger, he ONLY covered for his partners brutal and malicious actions - Scary - he is still a cop!!!!

And if the City, LAPD and Coroners had nothing to hide, then it would not have taken them "21 DAYS" to notify his family of his death...given the above mentioned information that Cruz admitted that he checked his ID and knew him by name before he shot him MULTIPLE TIMES....meaning they had his family's contact info...doesn't take a legal mind to figure that out (just a rational and logical mind)...

[glenn grab]

great screening by the LAPD!! The cop was a coward and a liar. Usually I don't like lawsuits, but this one wasn't by any means frivolous.

[anonymous]

I think its cruel and mean that a person with special needs would be killed by a lying police officer. They should teach them to be more trained to help and handle these situations. I think the family deserves to have the money award ed to them . I think the police officer should be convicted for his murder. They are suppose to protect and serve our community.