Victim Loses Lawsuit Over LAPD Handling of Robbery

A Glendale judge ruled Wednesday that the city of Los Angeles is not liable for alleged damages suffered by a former McDonald’s manager who was held inside the Sunland restaurant by robbers while surveillance officers watched for more than 30 minutes from outside.

Superior Court Judge Charles W. Stoll ruled that the law exempts the police officers from liability in the incident and issued a directed verdict in favor of the city, Deputy City Atty. Don Vincent said.

Robbin L. Cox, 26, of Pasadena alleged in a lawsuit that the Police Department’s Special Investigations Section should have stopped four men from breaking into the restaurant on Foothill Boulevard on Feb. 11, 1990, or, failing that, tried to stop the robbery in progress.

SIS officers had identified the four men as career criminals and were following them at the time of the robbery.

When she saw the men attempting to break in, Cox called 911 and was told a police car would be dispatched. However, the leader of the 22-man undercover surveillance team watching the men called off the response by uniformed officers. He then ordered his men to wait until the four robbers emerged from the restaurant.

While the officers waited, the robbers blindfolded Cox and threatened to kill her.

As they attempted to leave the restaurant, three of the robbers were fatally shot by officers and a fourth was wounded and captured.

A jury in a federal lawsuit awarded the surviving robber, who is serving a 17-year prison sentence for the incident, and members of the dead men’s families a total of $44,000 on the grounds that members of the SIS team acted without cause when they opened fire.

In addition, the FBI is continuing to investigate possible federal civil rights violations in the shooting, an FBI spokesman said.

Cox alleged in the suit that the police had a duty to come to her aid after she called 911. The LAPD investigation of the incident concluded that the SIS team leader, Detective Brian Davis, learned of the 911 call only three minutes before the men got inside the restaurant and decided not to rush in immediately because not all of the robbers could be seen.

In testimony Wednesday, former Los Angeles Police Chief Daryl F. Gates conceded that Cox had reason to expect a police response, but defended Davis’ judgment. He said that rushing the four robbers inside the restaurant could have set off shooting that would have increased the danger to Cox.

Cox’s attorney, Christopher Hiddleson, said his client is considering whether to appeal.