Federal Probe Targets Officer in 4 Shootings : Law enforcement: Anaheim Officer Lee Smith has been cleared in one fatal shooting, but Justice Department is investigating 3 other cases for possible civil rights violations.

The U.S. Department of Justice is investigating the actions of an Anaheim police officer who has been involved in four fatal shootings in the past four years, authorities said Tuesday.

Officer Lee Smith has been cleared of any wrongdoing in the shootings by the Orange County district attorney’s office, but is still the focus of a federal probe into three of the four shooting incidents, according to Myron Marlin, a spokesman with the Department of Justice in Washington.

Marlin said the department has already completed its investigation of one case and is not pursuing any legal action against Smith in that case.

But Marlin said federal prosecutors are continuing to look into the three remaining cases to determine whether or not the officer violated the civil rights of any of the three individuals who were shot to death. He declined further comment on the investigation.

The case closed by the Justice Department is currently the subject of a civil lawsuit filed by the family of Gregory Alan Rosenberger against the city, and appears to be close to a settlement, attorneys said.

According to their attorney, the family has agreed to settle their wrongful death lawsuit for at least $100,000. City officials declined to discuss the amount. On Tuesday, the City Council had been scheduled to vote on the settlement worked out by attorneys, but postponed action until next week.

Settlement talks in the Rosenberger suit began last week when it appeared that the case was on the verge of a mistrial because jurors had read a newspaper article detailing Smith’s other shootings. Testimony of the three other shootings was to be excluded from the case, attorneys said.

Evidence presented at the trial showed that Smith shot Rosenberger six times--three times in the back--during a scuffle on Oct. 10, 1989. Smith testified that he feared for his life when Rosenberger grabbed the grip of his holstered gun, attorney said.

In addition to filing the civil lawsuit, members of Rosenberger’s family lodged a complaint with the Federal Bureau of Investigation alleging that the 25-year-old Brea man’s civil rights had been violated by Smith. Local FBI officials declined to say what triggered their investigation, but confirmed that agents looked into Smith’s shootings and passed their finding to the Justice Department in May.

Gregory Rosenberger’s mother, Colleen, said she hopes that Smith is eventually taken off the streets and removed from the department. “I would hope that no other mother or father would have to lose a child because of an officer who should not be an officer,” she said.

She said that she and her husband, Gary, have decided to accept the proposed settlement in the case because it was too painful to sit through the trial and hear testimony about how their son was killed.

Smith, a 10-year veteran of the force who currently works in the gang unit, could not be reached for comment about the federal probe or the proposed settlement.

Anaheim police officials said they were unaware that federal prosecutors were still looking into the shootings. Several officers and city attorneys Tuesday defended Smith’s actions.

“Lee is an excellent policeman,” said Bruce Bottolfson, president of the Anaheim Police Assn. “The guy is so level-headed and straight-thinking. . . . It’s unfortunate that it all happened to Lee.”

Attorney Bruce Praet, who represents Smith in a wrongful death lawsuit filed on behalf of the family of another man killed by the officer, said that his client is a victim of circumstances.

“Lee Smith does not create the scenarios that lead to these shootings,” Praet said.

But others said that Smith’s involvement in four fatal shootings was cause for concern.

“There’s no question we’re seeing a pattern of this particular officer overreacting,” said attorney Leo J. Moriarty Jr., who represents the family of Robert Vincent Edson Jr., a man Smith killed Feb. 2, 1989. “I think he’s a danger to the community.”

In the Edson incident, Smith and his partner were led on a 45-minute car chase. When the chase ended, Edson tried to run away from the officers but was captured. Edson apparently refused to comply with several of Smith’s orders when the officer tried to take him into custody and was shot when he appeared to reach into his waistband. It was later determined that Edson was unarmed.

Smith was also involved in a fatal shooting on Sept. 8, 1989. In that shooting, Smith was part of a tactical police assault team that fired upon Dennis William Smith, who allegedly shot and wounded an officer. It was later determined that Smith fired the fatal round during the barrage, authorities said.

The most recent shooting involving Smith occurred Dec. 9, 1991, when the officer killed a burglary suspect who broke into his condominium. Police found a knife near the burglary suspect, identified as Antonio V. Galindo.

Times staff writers Rene Lynch and Mark I. Pinsky contributed to this report.