$15-Million Claim Filed in Police Killing : Slaying Assailed at Rites for Ex-Convict

As Stanley P. Buchanan was being buried, his family announced Tuesday the filing of a $15-million claim against the city, saying his death was caused by a police officer they want immediatedly fired and charged with homicide.

And, during the eulogy at a Southeast church not far from where Buchanan, 32, was killed April 22, a minister sharply criticized the way in which the man died--with six bullets fired into his upper body during a tussle while he was being arrested.

“The senseless destruction of life is not an act of God,” Bishop George D. McKinney told 300 mourners at the funeral at St. Stephen’s Church of God in Christ.

“God did not do this. This is the result of unmitigated evil, wickedness and injustice.”

Court records show that Buchanan has a lengthy criminal conviction record, dating back to the 1970s, on crimes that included burglary, auto theft and possession of narcotics for sale.

The Buchanan family’s attorney, at a press conference at the church shortly before the funeral services began, charged that police officers wasted precious minutes before calling for paramedics as Buchanan lay bleeding and dying on his apartment floor.

Contributed to Death?

“The man was shot six times but I don’t believe he died right away,” said the lawyer, Richard Potack. “His girlfriend was yelling to get him some help. She wanted to go to his aid and they kept her away.

“It took a while before they even telephoned or called in for the medevac to come out and, from what witnesses have told me, it was close to a half hour before he received medical attention. So the fact they waited so long may also have contributed to his death.”

The initial police press release stated that the shooting occurred “at about 8 p.m.”

Jay Bechelli, administrative supervisor for Hartson Medical Services, said Tuesday that his agency received a call for assistance at 8:11 p.m. and that paramedics and an ambulance were dispatched at 8:15 p.m. He did not know what time they arrived at Buchanan’s apartment in the 4900 block of Logan Avenue.

Police Capt. Dick Toneck said police investigators plan to present the case to the district attorney’s office next week, at which time Police Chief Bob Burgreen has said he will personally discuss the case with the prosecutors.

Fay, who has been the subject of several police brutality lawsuits during his 11 years in uniform, remains on administrative leave.

Potack released copies Tuesday of the civil claim, which is a prelude to a lawsuit, and said it will be formally filed this morning.

“The family feels and I do also that this was a criminal act,” Potack said. “There should be homicide charges brought against Officer Fay.

‘Officer Should Be Removed’

“In addition to that, the family feels very strongly that the officer should be removed from the force. Most of the officers out there are doing a good job and we need to continue to support them. But what we don’t need is to have officers who like Officer Fay have a history of abusive conduct continue to be on the force.”

Potack lauded Burgreen for his recent efforts at curbing drug and gang violence and working with community leaders in Southeast San Diego to end the escalating criminal activity. But he said the shooting of Buchanan seriously damages that good work.

“An incident like this completely undermines that alliance,” the lawyer said.

Bishop McKinney echoed those concerns during the funeral service, which directly followed Potack’s press conference to announce the claim against the city.

When McKinney told the church assembly that the family is filing the claim against the city, the congregation erupted into applause.

“We are fortunate to live in America where there is still some hope that the legal machinery has the possibility of working in the interests of justice,” he said.

When McKinney told the mourners that he will ask Burgreen, the city manager and the mayor to begin identifying and removing police officers who are prone to brutality, he was again met with loud applause.

“I’m calling on them to move with all deliberate speed to take appropriate action in this case,” he said.

And when the bishop said the people of Southeast San Diego demand and want proper police protection from the continuing gang and illegal drug activity, the applause was loudest of all.

“This community is not anti-police,” he said. “We want a police force, however, that is committed to the protection of all the people. With equality and justice and sensitivity.”

The shooting occurred the night of April 22, when members of the Police Department’s new Special Enforcement Division were interviewing people in the apartment parking lot.

Possession of Drugs

According to police, Fay and two other officers were invited into Buchanan’s apartment, where Buchanan was found to have rock cocaine on him. While being arrested for that offense, Buchanan grabbed one of the officer’s flashlights and, at that point, police said, Fay opened fire.

Police sources have said the other two officers were considering using Mace against Buchanan and were “shocked and surprised” when Fay fired his service revolver.

Potack said many witnesses have indicated that the two officers were “within hand’s reach” of Buchanan when the shots were fired, and that Fay “was anywhere from 10 to 12 feet away.”

“Witnesses have consistently told me he shot him twice, he fell to the ground, and then he shot him four more times,” Potack said. “He was face-up on the ground when he was shot four more times.”