Sons Sue Police, L.A. Over Death of Man Fatally Beaten by Wife : Courts: The negligence suit contends that the death could have been avoided if officers responding to a disturbance call had separated the Tujunga couple.

The five sons of a Tujunga man who was beaten to death by his wife after Los Angeles police officers who responded to a family disturbance call did not check on his safety have filed a negligence lawsuit against the officers and the city, blaming them for the killing.

The lawsuit, filed Friday in Burbank Superior Court, stems from the June 8, 1991, death of Thomas Chapman, 52, which drew attention because it involved the reverse of the stereotypical domestic violence incident of a male battering a woman.

In this case, the victim’s wife, Michelle Chapman, was charged in the killing and later pleaded no contest to manslaughter. Michelle Chapman, 46, stepmother of the victim’s five adult sons, was sentenced earlier this year to 11 years in prison.

The lawsuit seeks unspecified damages for Michael Chapman, 35, Shawn Chapman, 29, Timothy Chapman, 26, Matthew Chapman, 23, and Mark Chapman, 21. None of the men lived with the couple at the time of the killing.

The Chapmans had a history of drinking problems and fighting, according to neighbors and police. After the incident, a neighbor told reporters that on the night of the killing she heard Michelle Chapman tell police by telephone: “Come get him and take him away before I kill him. . . . I need to get away from him; I’m going to hurt him.”

The lawsuit contends that Thomas Chapman’s death could have been avoided if the two police officers--identified in the filing as A. Adler and D. Schram--who answered the call had followed established police procedure and checked on the well-being of both Michelle Chapman and her husband. The officers should have then made sure the two were separated, the suit contends.

Instead, according to the suit, the officers only spoke with Michelle Chapman after arriving at their apartment at 2 a.m. Although the officers told her not to stay in the apartment, they left to answer another call without making sure she did so. An hour later, Michelle Chapman called paramedics, who found her husband dead.

“Prescribed police procedures with regard to a family dispute were not followed in this instance and, among other things, required that both parties be interviewed and that a person who had recently harmed another and who was threatening to harm that person again be removed from the premises,” the lawsuit reads. “After the police officers left, Michelle Chapman proceeded to beat Thomas Chapman to death.”

Officials with the Police Department and the city attorney’s office declined to comment on the lawsuit. Earlier this year, the city rejected a claim for damages filed by the brothers, a precursor to filing a lawsuit.

Shortly after the killing, police officials said the conduct of the two officers who handled the call was being investigated. Police said personnel complaints were initiated against the officers, but the outcome of those investigations was not made public.

James A. Frieden, the brothers’ attorney, said the city and Police Department have also refused to disclose the outcome to him.

Frieden said the officers were negligent because they followed stereotypical beliefs about spousal abuse and did not think Thomas Chapman was in danger because he was a man. According to national statistics, 95% of domestic abuse victims are women.

“The officers just relied on the fact that it was a woman and women usually don’t kill men,” Frieden said. “They weren’t afraid about leaving. If it had been the other way around and the woman was the victim, that would not have happened.”

The victim’s oldest son, Michael Chapman, said the brothers remain angry about what they believe was a double standard that resulted in their father’s death.

“It’s idiotic--I’m so upset about it,” he said. “They saw this woman that was nuts and intoxicated . . . and they left. If it had been the other way around and my father had been in that spot, my father would have been taken away. We either have to follow procedure all the time or we don’t.”