L.A. Sued in Police Killing of Woman

The son of Margaret Laverne Mitchell, the mentally ill homeless woman shot to death by a Los Angeles police officer in May, filed a federal civil rights lawsuit against the city Monday, his attorney said.

Leo Terrell, who represents Mitchell’s son, Richard Mitchell, contends that the frail, 55-year-old woman posed no threat to the officer when she was killed.

Police have said Mitchell lunged at two officers with a 12-inch screwdriver, causing one of them to shoot her in self-defense.

Terrell, who has called the LAPD’s investigation into the shooting “a whitewash” and “cover-up,” said he intends to use the suit to expose what he says is a “pattern and practice” of glossing over officer-involved shootings, not only by the LAPD, but also by the county coroner and district attorney’s office.

“I’m going to be the de facto prosecutor,” Terrell said.

He alleged that the LAPD has mischaracterized witness statements and has failed to give him any information about the investigation.

Police officials declined to comment Monday, citing the pending litigation.

The controversial shooting, which occurred May 21 near the intersection of La Brea Avenue and 4th Street, is under investigation by federal authorities who are looking into whether Mitchell’s civil rights were violated and whether officers used excessive force.

The Los Angeles Police Commission has requested witness statements collected by LAPD and pressed for an expedited conclusion to the investigation. City Council members say they also are monitoring the LAPD’s investigation.

Local residents and community activists were outraged by the shooting and said the police should not have used lethal force against Mitchell. Several protests were held outside police headquarters in the days after the killing.

According to police, two bicycle patrol officers--Officer Edward Larrigan and Officer Kathy Clark--decided to stop Mitchell to determine whether the shopping cart she was pushing was stolen.

Mitchell, a 5-foot-1-inch, 102-pound woman who had lived on the streets around Hancock Park for several years, became hostile and threatened to kill the two, police said. She tried to flee from the officers, who had their guns drawn. After a brief chase, Mitchell turned and lunged at Larrigan with the screwdriver, police alleged.

Larrigan, in fear for his life, fired one round into Mitchell’s chest, killing her, police said.

Chief Bernard C. Parks defended the officers’ actions shortly after the shooting, but said the investigation was not finished.

Despite comments from Parks and other LAPD officials that witness statements backed the officers’ version of events, several witnesses interviewed by The Times provided information that appears to contradict the police account that Mitchell posed a threat to the officers. In fact, the closest civilian witness to the shooting said Mitchell did not lunge at the officer with the screwdriver.

In his lawsuit, which seeks unspecified damages, Terrell alleges that Mitchell’s son believes that an LAPD investigator looking into the incident has tried to convince him that the shooting was justified.

The suit accuses Larrigan and Clark of going beyond the scope of their lawful duties as police officers. It further alleges that they acted negligently, were not properly trained and committed “unlawful violence and reckless acts.”

In addition to the city, the suit names as defendants Chief Parks, the LAPD and officers Larrigan and Clark.