Hampton pays $500,000 to settle wrongful death suit over man shot by Tasers

March 20--HAMPTON -- The City of Hampton has agreed to pay $500,000 to settle a wrongful death lawsuit brought by the mother of a man who died after being shot several times with Tasers while he was being taken into emergency custody on mental health issues four years ago.

Pamela Adams sued eight police officers and Hampton's former police chief for $50 million, asserting officers acted improperly when taking her son, Hatchel P. "Trey" Adams III, 36, into custody in December 2009.

The case was set to go to a jury trial in Hampton Circuit Court in late January, but it was withdrawn on the eve of trial as the two sides worked to settle the case, with the parties "directed to mediate this case in good faith."

Circuit Court Judge Ray Grubbs, the retired judge substituting on the case, signed off on the deal's terms Wednesday.

"In reaching this agreement, the City has eliminated the possibility of a substantial jury verdict based on sympathy rather than the law given the tragic circumstances of the case," city spokeswoman Robin McCormick said in a written statement.

She pointed out that 2010 reviews by the Hampton Police Division's professional standards unit and then-Commonwealth's Attorney Linda Curtis each cleared the officers of wrongdoing.

Those reviews, McCormick said, "found that the officers acted properly" and in accordance with the law. "The City agrees with these findings," she said.

The $500,000 payment, she said, will come from the city's self-insurance fund. The city will also "continue to improve and enhance training and policy" related to dealing with the mentally ill.

Verbena Askew, Pamela Adams' lawyer, called it "absolutely surprising" that the city is contending it did nothing wrong.

"It's just unconscionable for them to say they didn't do anything wrong," Askew said Wednesday. "They pay half a million dollars and say they didn't do anything wrong."

She asserted that by Hampton police policy, Tasers aren't supposed to be deployed more than three times unless an officer is authorized to use deadly force. She added that medics are supposed to be called as soon as Tasers are deployed, but they weren't called until later in this case.

"They did not use their equipment properly," she said. "They did a number of things not consistent with policy. They can continue to deny it all they want, but they will find themselves in the same situation again if they don't make changes."

As for why she and Adams agreed to settle the case rather than take it to trial, Askew said Adams "wanted some closure."

"It was very emotional," Askew said. "After going through the discovery and the depositions and listening to some of the incredible things the city's experts would say would have been harmful emotionally for her. So she decided to have this thing resolved and try to move forward the best way she can."

Askew said her side's own experts in the case had very different perspectives from the city's experts.

Police were attempting to serve an emergency custody order on Adams -- who was at the time suffering from severe mental health issues -- when they went to his home on Overlook Court in Fox Hill.

Adams wouldn't open the door, but police called his mother, who provided them the key to the home where her son lived alone.

According to Curtis' October 2010 report, Adams was waving a samurai sword when they went into the home just after midnight, and that officers deployed the Taser three times before police managed to wrest the sword from him.

As Adams continued to struggle, Curtis' 2010 report said, they "drive-stunned" Adams three times with the Taser -- meaning the device was put directly to the skin rather than shooting barbs, as police handcuffed him and put leg irons on him.

When the cuffs were removed for readjustment, Curtis wrote, Adams again began "struggling and spitting," and was drive-stunned a fourth time at 12:26 a.m. He soon stopped breathing.

In her report, Curtis cited an autopsy by the state Medical Examiner's Office. Dr. Wendy Gunther said one of the Taser barbs was located near Adams' heart, but not deep enough to cause his "cardiac event."

The medical examiner's office listed the cause of Adams' death as: "Excited delirium in addition to mental illness in addition to methamphetamine use in addition to obesity in addition to subdual by police."

But Askew asserted Wednesday that the initial thought that Adams had methamphetamine in his system was incorrect.

She also asserted that the Taser had been deployed at least nine times -- three times initially, after which time he "retreated into his bedroom." Then, Askew said, he was Tased "at least" another six times after he was cuffed.

She said officers were on top of Adams as he struggled, with his face pressed into the bed.

Askew said Adams had a slightly enlarged heart, a breathing disorder and had "paranoia that the FBI, CIA and police were going to come and kill him."

Pamela Adams said in a statement Wednesday that her son was a cum laude graduate of Morehouse College, was a "talented and creative musician," and "a loving son and brother."

"He was a responsible citizen who owned his own home and a kind, respectable young man who was well-loved by family and friends who were devastated by his death," Adams said.

Dujardin can be reached at 757-247-4749757-247-4749

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