Council Sued Over Fatal Police Shooting : LAPD: Attorney offers to drop members as defendants if they make Gates pay damages assessed in same incident. Officials angrily charge extortion.

Los Angeles City Council members were sued Wednesday over a police shooting that left three robbers dead, but the attorney who filed the case offered to drop them as defendants if they make Police Chief Daryl F. Gates personally pay for damages assessed against him this week for the same shooting.

Council members familiar with the new suit and a city attorney who defends the city in police-related cases reacted angrily to the offer from civil rights attorney Stephen Yagman, which was contained in a letter to the council that accompanied the new $20-million suit.

“Sounds like extortion, doesn’t it?” said Deputy City Atty. Don Vincent, head of the city’s police litigation unit.

Councilman Zev Yaroslavsky, who favors making Gates pay the damages from his own pocket, said he was nonetheless disturbed by Yagman’s letter.

“Nobody likes to be threatened,” he said.

Councilwoman Joy Picus, who is undecided on the issue of whether Gates should pay, said Yagman was using tactics of intimidation and harassment.

“The nerve of him,” she said. “I’ve dealt with attorneys who have tried to extort and threaten me before. I’ll be damned if I’ll be intimidated by him.”

Yagman denied his offer to the council was improper or threatening.

“Everybody has a right to ask the people in the government to do or not do something, and to say if you do it the way we want we will take action or refrain from taking action,” Yagman said. “That’s not extortion. That is trying to settle the lawsuit.”

The lawsuit filed Wednesday in U.S. District Court against the council and numerous police officers and officials is the latest twist in the case that has followed the Feb. 12, 1990, shooting outside a McDonald’s restaurant in Sunland.

The shooting initially spawned a lawsuit on behalf of four family members of three robbers killed by members of the police Special Investigation Section and a fourth robber who was shot but survived.

The plaintiffs, represented by Yagman, contended that the police used excessive force and fired on the robbers without provocation. Gates was named as defendant because the suit said he was ultimately responsible for the officers’ actions and condoned the use of excessive force.

After a three-month trial, a federal jury returned a verdict in favor of the plaintiffs Monday and awarded punitive damages of $44,042 against Gates and nine members of the SIS. Jurors said the damage award was purposely set low because they believed the chief and his officers should pay it out of their own pockets. Gates was to pay $20,505 of the award.

The verdict touched off a debate this week among council members over whether the city should pay the damages anyway. The council has routinely picked up the tab for punitive damages assessed against police officers for incidents that occurred while they were on the job.

On Wednesday, the new lawsuit further added to the controversy. The new suit is identical to the first one but was filed on behalf of 2-year-old Johanna Trevino, daughter of Juan Bahena, one of the robbers police killed.

Yagman said Trevino was born six days after Bahena, whose real name was Javier Trevino, was killed and can file the lawsuit under a federal precedent set last year in another case involving the SIS. In that case, in which Yagman is also the plaintiff’s attorney, a federal appeals court held that a child who was not yet born when a parent was killed by police may still sue for damages over losing a parent.

The new lawsuit names 20 SIS officers, Gates, Mayor Tom Bradley, 17 former police chiefs and commission members and all City Council members in office at the time of the shooting.

In a letter enclosed with the suit to the council, Yagman said:

“If the council votes not to indemnify Gates for the punitive damages in this case, then all of the you who make up the majority so voting will be dismissed voluntarily as defendants in this new case.”

Vincent, the city attorney, said he could not comment on the lawsuit until he received it. But of Yagman’s letter to the council, he said, “I have never heard of an attorney doing anything like that at all.”

Council members who received it Wednesday also reacted strongly.

Councilwoman Joan Milke Flores said the lawsuit and Yagman’s tactics were an outrage.

“I will not be intimidated by these types of tactics,” she said in a statement.

Yaroslavsky said the letter Yagman sent could hinder efforts by council members who believe Gates should pay the damages awarded by the jury.

“I don’t think Yagman’s letter advances that cause at all,” he said. “I think it’s unnecessary and inappropriate. My inclination is not to pay for Chief Gates. . . . I will come to a final conclusion based on the facts, not a threat.”

But Yagman said his letter was an effort to make the council abide by the wishes of the jury that heard the McDonald’s shooting case.

“We are just saying that if they refuse to indemnify Gates, we will drop the case,” Yagman said. “It might be wrong to threaten to sue them. But we haven’t done that. We have sued them and said, ‘If you act in a responsible way we will consider dismissing you from this lawsuit.’ ”