Suit Over Officer’s Fatal Shooting to Begin : Court: Family of dead man alleges that Anaheim policeman used bad judgment after high-speed chase.

To his colleagues and supporters, Lee Smith is the consummate cop whose gang-busting efforts earned him this year’s Anaheim Police Officer of the Year award from a local community group.

But to others, Smith is an overly eager officer with an itchy trigger finger who fatally shot four people within a three-year period.

Smith was cleared two months ago of any wrongdoing by the U.S. Department of Justice, but today his role in one of those shootings will come under fresh scrutiny when he and Anaheim city officials begin their defense of a wrongful death lawsuit filed by the family of one of the dead men.

Both sides will try to paint conflicting portraits of Smith, a 10-year veteran.

“Here’s a man that didn’t do anything even tantamount to Rodney King,” said Frank Barbaro, who is representing the plaintiffs. “His only mistake was running into the wrong officer.”

Bruce Praet, the officer’s attorney, countered that his client is “an excellent police officer. He’s very even tempered, a true professional.”

Today’s trial involves the Feb. 2, 1989, death of Robert Vincent Edson Jr., a 28-year-old Orange man who was fatally shot by Smith after a high-speed chase.

Edson ran a struggling ticket service for concerts and sporting events. At the time of his death, he and his family--his wife and a stepson--were staying at Galaxy Motor Inn near Disneyland, after having been evicted from their apartment in Orange because they couldn’t pay the rent.

Shortly after midnight, Edson left the motel to pick up some shampoo for his wife, Allison Lynn. But while returning, Edson sped away when officers attempted to stop him for driving without headlights. Edson’s friends said he had evaded police before because he was driving with a suspended license and could not afford auto insurance.

Smith pursued Edson to the motel where he fired at least eight shots at the suspect when he appeared to reach for a weapon from his waistband, according to police.

Barbaro said this client’s husband did not deserve to die.

“He was pounding on the door for his wife to let him in,” Barbaro said. “He should not have died for his stupid decision to run. He posed no threat to Lee Smith, who used an incredible amount of bad judgment.”

The Orange County district attorney’s office cleared Smith of any wrongdoing in Edson’s death and three other fatal shootings.

Praet said Smith does not believe that he is responsible for Edson’s death.

“Officer Smith is saddened by the fact that Mr. Edson led him into a situation to take his life,” Praet said. “No police officer wants to take a human life. Smith did not go looking to engage in such activity, but Mr. Edson placed him that situation.”

Praet said he would try to show that Edson committed a “recognized phenomenon” known as “copicide,” or “suicide by cop.”

Said Praet, “We believe that Edson was despondent to the point where he wanted to take his own life, but he was unwilling to do it himself. So he was (luring) the officers to do it.”

Barbaro scoffed at that characterization, saying that Smith used poor judgment in firing his gun at an unarmed Edson.

Smith, who holds a black belt in karate, was named the department’s top officer by the local post of the Veterans of Foreign Wars.

Lt. Ted Labahn, a supervisor in the department, said Smith has been instrumental in solving several gang-related homicides.

But since Edson’s shooting, Smith’s judgment while on duty has been a source of controversy. The other fatalities involving Smith were:

* The Sept. 8, 1989, shooting death of Dennis William Smith, who allegedly shot and wounded an officer after a car chase and shootout. Smith, who was part of a tactical police assault team involved in the gun battle, fired the fatal round that killed the suspect.

* The Oct. 10, 1989, shooting death of Gregory Alan Rosenberger, a 25-year-old drug suspect from Brea who was reportedly involved in a scuffle with the officer. Evidence presented at another civil trial showed that Smith shot Rosenberger six times--three times in the back. Smith testified that he feared for his life when Rosenberger grabbed the grip of his holstered gun. Last August, the Anaheim City Council agreed to pay $175,000 to settle a lawsuit brought by Rosenberger’s family.

* The Dec. 9, 1991, shooting death of a burglary suspect. The man, identified as Antonio V. Galindo, broke into Smith’s condominium. He was armed with a knife, police said.