Accord Reached in Police Slaying

Officials have reached a six-figure settlement in a wrongful-death suit filed by the family of an actor who was shot and killed by an LAPD officer during a Halloween costume party, the Los Angeles city attorney’s office said Wednesday.

Anthony Dwain Lee, who was 39, was shot four times after he pointed a replica handgun at an officer who was investigating noise complaints. Officer Tarriel Hopper was exonerated after an investigation by the city Police Commission and the Los Angeles County district attorney’s office.

The settlement, which requires City Council approval, was more than $300,000, according to sources.

Lee’s sister, Tina Lee-Vogt, had sought $100 million from the city before filing a lawsuit in Los Angeles County Superior Court. The terms of the settlement will become public if the council approves it, said Eric Moses, spokesman for City Atty. Rocky Delgadillo.

“We believe that based on all the evidence and facts presented in the case, the jury was going to agree with the Police Commission and the chief of police that the shooting was in policy,” Moses said. “That’s been our position all along, and we’ve always looked out for what’s in the best interest of the city.”

The family’s attorney, Johnnie L. Cochran Jr., could not be reached for comment Wednesday.

Don Steier, lawyer for co-plaintiff Jeff Benton, who was a tenant in the home where the shooting occurred, said the settlement represents a victory for the Lee family.

“The city of Los Angeles would not be settling the case with the estate of Mr. Lee unless it had concluded that the officer had done something wrong,” he said.

Lee was shot once in the back of the head and three times in the back by Hopper as the actor stood with two men in a bedroom of a home in Benedict Canyon in Oct. 27, 2000.

It happened as Hopper and his partner investigated a complaint about noise from the party. As his partner entered the house looking for the owner, Hopper walked around outside. He shined his flashlight into the room where Lee was standing and talking with two men.

Lee turned and pointed the replica gun at him, the officer said. Hopper, thinking that the gun was real, emptied his .45-caliber pistol. He said he fired because he feared for his life.

The Lee family filed suit in June 2001. Four months later, the Los Angeles Police Commission ruled that Hopper used justifiable deadly force and acted in accordance with department policy.

Benton’s suit, which is still pending, alleged that he suffered post-traumatic stress from the shooting, Steier said. He was standing a few feet from Lee in Benton’s room when the actor was shot. Benton was one of five people who shared the rent for the home. A third bystander, Will Frey, also has sued the city.

Steier said Benton’s suit alleges that the officer was trespassing when he fired a shot into Benton’s room.