In July 2020, while Donavan La Bella was standing across from the federal courthouse in downtown Portland with his hands above his head, a deputy U.S. marshal discharged a less-lethal weapon at his face, causing injuries for which the federal government has given him $7.65 million.
The shooting went off. Among other life-altering injuries, La Bella crushed the front of his skull while holding a music speaker in the air, causing irreversible brain damage.
According to La Bella’s lawsuit, the deputy marshal shot him ruthlessly and without cause, striking him in the eyes as he was peacefully demonstrating. Damages of up to $17 million were sought in his first lawsuit.
La Bella’s lawyer, James M. Healy, described the payment as a satisfactory settlement of allegations that were made over three years ago. Shortly before the Trump administration took office, he made contact with the U.S. Department of Justice.
This use of force was needless and utterly unfair. “To get to where we are now, it has been a protracted and fiercely contested battle with the government,” Healy said.
He claimed that over night, La Bella’s life was tragically and irrevocably altered.
Records indicate that as part of the compromise deal, the government did not acknowledge fault or liability. After a settlement was reached in November, a judge approved it in December, and the U.S. Department of Justice acknowledged the arrangement on January 14, both parties decided to voluntarily dismiss the federal civil case this month.
Attorneys for Donavan La Bella claim that when LaBella was shot while carrying a music speaker above his head, the tear gas canister was still in the street and did not pose a threat to federal law enforcement outside the courthouse.
On July 11, 2020, La Bella, now 30, was shot while participating in one of the numerous racial justice demonstrations that shook Portland following the police shooting of George Floyd in Minneapolis. He was standing across the street from the Mark O. Hatfield U.S. Courthouse at the time.
Authorities declared a riot after some protestors outside the courthouse threw rocks and other hard items at policemen, and police told the demonstrators to leave. The government said a U.S. Customs and Border Patrol agent once launched a tear gas grenade at demonstrators gathered across Third Avenue.
A government document and video evidence show that La Bella, who was on the west side of Third Avenue across from the courthouse, leaned down, picked up the canister, and threw it back into the middle of the street.
The canister was still in the street, distant from any police, according to La Bella’s attorneys.
The government contended that the deputy marshal had legally aimed at La Bella’s belly and fired a single shot from a less-lethal launcher, but that because he was wearing a gas mask, he might not have used the sight on the gun barrel efficiently.
Through a court-issued protection order that federal attorneys requested, the name of the deputy marshal who shot La Bella has remained under seal, despite the government sharing it with his attorneys. In court documents, the deputy marshal is solely referred to as John Doe 1.
The precise sort of ammunition that was fired at La Bella has also not been made public by the government; nevertheless, his attorney on Friday shared a picture of an impact baton that was found at the scene.
Manufacturers claim that the hard plastic resin tip of the baton round is designed to render a hostile or noncompliant person incapacitated by physical impact when discharged. The manufacturers warn that severe or even fatal injuries can arise from strikes to the head, neck, esophagus, or spine.
According to Healy, someone took the expended ammunition, brought it to La Bella’s family, and had it examined at the state police crime lab.
We have quite clear proof that the impact baton was the one that was fired and hit La Bella since the dried blood on it matched La Bella’s DNA, he said.
The deputy marshal was upset after the shooting because it seemed like his bullet had hit La Bella in the head. He questioned how this could have happened. According to a partially redacted deposition from his boss that was submitted to the court, “I didn’t aim there.”
During the deposition, one team leader stated, “He hurt someone, that wasn’t his intent, that’s what he kept saying.”
However, court filings also claim that the deputy marshal later informed his supervisor, “I just wanted to put the guy down because he threw the canister back.”
On July 4, 2020, John Doe 1 and a 12-person team from the tactical U.S. Marshals Service Special Operations Group landed in Portland. President Donald Trump ordered them to Portland so that additional officers could guard the federal courtroom during the widespread demonstrations.
As part of the settlement, the government agreed to give La Bella’s conservator a $3.5 million lump sum payment, of which $3.2 million would be used to purchase annuities that would provide La Bella’s conservator with monthly income and benefits for 40 years.
According to the deal, La Bella will get $6,480.63 per month through the conservator, plus an annual cost of living adjustment of 4%.
An additional $950,000 will be used to fund a so-called reversionary medical trust for La Bella, which would return any annuity and trust payments to the United States in the event that he passes away before the 40-year annuity period is up.
Healy says La Bella is OK with that part of the arrangement because he doesn’t have a spouse or kids.
Desire La Bella, La Bella’s mother, stated that while she is happy that the government reached a settlement, she objects to the clause that permits the government to keep any money that remains and to the withholding of the deputy marshal’s name. Instead, she added, the funds need to be donated to a charity.
She stated that the deputy who fired the shot and any other marshal who might have given him the order to shoot must be held responsible. How come the shooter’s name is protected? No protection was given to my son. Why is the safety of the deputy more crucial than that of an unarmed individual?
In a social media video, La Bella was seen throwing the canister that the federal authorities had thrown at the demonstrators back into the street and turning up the music speaker once more. After a few seconds, there was a firing sound, and La Bella fell, dropping the speaker.
La Bella’s attorneys claim that despite numerous surgeries, he still suffers from negative behavioral and personality changes, mood swings, diminished impulse control, memory loss, confusion, difficulty understanding, loss of empathetic reasoning, poor judgment, loss of balance and coordination, severe cognitive dysfunction, and headaches.
After La Bella was discharged from the hospital, he was examined and evaluated by Portland neurosurgeon Richard Polin, who wrote to the court that he had sustained bilateral frontal lobe injuries from the round’s initial concussive blast that entered his brain through his frontal sinus and a secondary injury from spinal fluid leakage and brain abscess.
According to Healy and Christopher R. Best, his attorneys, he had a second operation to cure an infection and hemorrhage following his initial surgery.
According to Polin, La Bella’s injuries prevent him from looking for vital assistance, housing, and fulfilling employment.
According to Polin, he is capable of handling the fundamentals of daily life, but he lacks the capacity to make wise choices on more intricate plans, such short- and long-term financial matters. He will undoubtedly want a great deal of financial management assistance in order to obtain accommodation, food, and other essential services without recklessly spending any money that has been provided to him.
According to court documents, La Bella was living in a tent on the street and later in a motel after being discharged from the hospital. A conservator was then assigned to help him find an apartment, apply for Social Security disability benefits and state housing assistance, and obtain food and medical benefits.
Despite conducting a criminal investigation, the deputy marshal was not charged by the Justice Department’s Office of Inspector General. It’s unclear if the marshal was disciplined or subject to internal punishment.
— Maxine Bernstein writes about criminal justice and federal courts. You can contact her via [email protected], 503-221-8212, X@maxoregonian, or LinkedIn.
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