Federal Judge OKs City's Settlement In Traffic Stop Death

By ELAINE SILVESTRINI | The Tampa Tribune
Published: February 13, 2009

TAMPA - A federal judge this afternoon approved the city's $150,000 settlement to the family of a man killed during a 2005 traffic stop.

U.S. District Judge Elizabeth Kovachevich said the settlement is "fair, adequate and reasonable," despite disagreements among Musa Yazid's relatives as to how the money is being divided.

 The settlement also includes a provision that Police Chief Stephen Hogue write a letter to the family that will be "at least an acknowledgement, if not apologizing for the conduct of the officers that night," said Chad Pilon, an attorney for the family. That aspect was not subject to the judge's approval.

Ursula Richardson, an attorney for the city, said the letter, which has not been finalized, will not be an apology. Rather, she described it as "an acknowledgement that even though we believe the officers did what they were supposed to do, that we understand that they lost somebody who was important to them."

Yazid was pulled over for a traffic violation May 19, 2005, and police said the stop went awry after he gave a false name. They said there was a struggle and two officers, David Joyner and Jason Brocato, used stun guns to try to control Yazid.

Yazid, of Tampa, got back in his car and tried to drive off, police said. When his car headed toward one of the officers, they shot Yazid.

The lawsuit, filed in 2007, alleged police tried to take Yazid into custody with "no information or probable cause to believe Yazid was dangerous, violent or a threat to anyone."

Yazid questioned and argued with the officers, the lawsuit states, but was gathering his belongings to prepare to leave his vehicle.

"Impatient with the speed at which Yazid was exiting the vehicle, defendants Joyner and Brocato forcefully began to pull him from the vehicle, assaulting and battering him in the process," the suit says.

An internal investigation found the use of deadly force was justified and states witnesses said Yazid didn't comply with officers' repeated commands.

Yazid's wife, Virginia "Tracey" Deneed Yazid, and two children, Khalid Earl Alphonso Yazid, 9, and Jameisha Williams, 19, will divide approximately $100,000 of the settlement left after $16,500 in attorneys' fees is deducted, along with other costs. Pilon stressed that the attorneys' fees amount to about 11 percent of the award, while state law allows up to 25 percent.

Yazid's widow is to receive 60 percent of the remaining award and his children 20 percent each.

Khalid Yazid's guardian ad litem, Michael A. Tonelli, said in a report that the agreement is in the child's best interests in light of issues as to whether the officers violated Musa Yazid's constitutional rights or used excessive force.

Tonelli recommended that the $20,406 for Khalid Yazid be divided, with $13,225 being paid to the state's College Prepaid Fund and the remaining $7,181 to be placed in a structured annuity from which the child will receive monthly payments of $226 for four years, beginning in 2017. But the boy's mother, Enriqita Marshall, questioned why the children aren't receiving the same share as Virginia Yazid. "She can replace her spouse," Marshall told the judge. "The children can't replace their father."

After the hearing, Marshall said she wasn't happy with the outcome but respected the judge's decision. Williams said she was "at a loss of words."

Yazid's widow did not speak at the hearing and declined to talk to a reporter.

Attorneys for the city and the officers took no position on the division of the award, and said only that they wanted the settlement approved.

City Attorney Chip Fletcher said Thursday that the city didn't think the officers did anything wrong, and that settling the lawsuit was "just really an economic decision related to the cost of litigation and the potential risk in any jury trial."

But Barry Cohen, whose law firm filed the lawsuit on the family's behalf, said the city was "paying that money because they're responsible." He also said state law limits awards in such lawsuits to a maximum of $200,000.

Richardson said there is a cap on awards for a wrongful death claim. But the lawsuit also asserted that Yazid was denied his civil rights, she said, and the law does not limit awards for that.

Pilon said the officers were unaware that Yazid was a felon wanted on a warrant on a misdemeanor battery charge, which accused Yazid of striking his wife.

Yazid was released from state prison in September 1998 after serving about nine years for the armed robbery of a Circle K convenience store, records show.

Reporter Elaine Silvestrini can be reached at (813) 259-7837 or esilvestrini@tampatrib.com.