Tuesday, November 27, 2007

Frivilous Lawsuit!

What a crock, her no good son shoots one officer and later tries to shoot several others before he is shot and killed and now she feels they used exessive force? Maybe they should have just let him run away so he could try to kill someone else or so he could have more time before the next shootout to better arm himself so he could kill more cops. Her attorney should be disbarred for even bringing this suit to the court, 3 separate investigations by The Lancaster County DA, The State of PA, and the Dept of Justice all ruled the shooting justifiable yet she feels it's her turn at a huge payout because she raised a son who was scumbag!


http://local.lancasteronline.com/4/212940

Mom sues over shootout death
Son killed in November 2005 gunfight with police. Federal lawsuit claims authorities used "excessive and unjustified deadly force."

By TOM MURSE, Staff
Lancaster New Era

Published: Nov 27, 2007 11:49 AM EST
LANCASTER COUNTY, Pa. - The mother of a 23-year-old Lititz man shot and killed by law-enforcement officers in a November 2005 gun battle has filed a federal lawsuit claiming the police used "excessive and unjustified deadly force."

Sandra Faust, of Reno, Nev., also claims in the suit that she has suffered financial damages and "severe emotional distress/mental anguish" following what she alleges was the wrongful death of her son, Daniel. And she claims police "intentionally slandered" her son, after his death, by linking him to a June 2005
shooting near a Taco Bell on Lincoln Highway East. She is seeking in excess of $150,000 on each of eight counts against 19 separate defendants.

Faust was shot and killed in a southern Lancaster County farm field shortly before noon on Nov. 8, 2005. He had fled to the farm after
shooting a Lititz police officer who tried to arrest him at home on outstanding warrants for resisting arrest and fleeing and eluding a police officer.

The officer, Jevon Miller, was shot in his right armpit after confronting Faust in his driveway at 63 Heron Road. The wound was so serious, and so close to his spine, the surgeon who operated on Miller chose not to remove the bullet. The officer returned to duty only four months later.

Three subsequent investigations
- conducted by the district attorney, the U.S. Department of Justice and the Pennsylvania State Police - found law enforcement officers were justified in shooting Faust.

And in a later search of Faust's home, police recovered a shotgun, two rifles, several rounds of ammunition and a journal, according to the district attorney's report.

"In that journal, Faust identified a number of 'things to do before I die.' Those objectives included 'shoot up a car,' 'kill a man' and 'get shot,'" Totaro wrote in the report.

This morning, Totaro restated that law enforcement officers were justified in using deadly force.

"The evidence very clearly established that Daniel Faust shot one police officer and was pointing a gun at other officers when those officers discharged their weapons," Totaro said.

"Mr. Faust did not respond to police authority and presented a grave risk of death or serious bodily injury to the lives of others," Totaro said. "Under the law, police were justified in their use of deadly force, and I am confident the county will vigorously contest this frivolous
lawsuit."

"There are so many questions about this case that have the family disturbed, and that's why they went forward on this case," said Mrs. Faust's attorney, Philip J. Berg, of Lafayette Hill. He said the $150,000 is an amount that guarantees the case will be heard at the federal level.

"We're seeking in excess of that. But no amount of money can compensate for the loss of a loved one," he said.

Mrs. Faust filed the suit Nov. 7 in U.S.
District Court in Philadelphia. She is the court-appointed administrator of her son's estate. Among the 19 defendants are eight law-enforcement officers - including Miller - five police agencies, four municipalities and Totaro and his office.

Specifically named as defendants are Lancaster City and its police department; the
Pennsylvania State Police; Warwick Township and its police department; Lititz Borough and its police department; the West Lampeter Township Police Department; Lititz police officers Miller and Stephen Detz; Warwick Township Officer David Burdis; state police Cpl. Joseph Christaldi; state police Trooper Ariel Torres; Deputy U.S. Marshal Alan Stifler; now-retired Lancaster city police Detective Thomas Kiss; and West Lampeter Township police Detective Jere Schuler.

Miller, Detz and Burdis, dressed in plain clothes, surrounded Faust's truck when he pulled into his driveway around 12:45 a.m. Nov. 8. They ordered Faust out of the vehicle and told him he was under arrest, but Faust remained in his truck and locked the doors.

The officers told Faust if he did not comply, they would break a window. Faust still refused to comply, according to Totaro's findings.

"Miller struck the driver window with his ... baton, and as he was clearing the broken glass from the edges of the window, he observed a muzzle flash and heard a popping noise," the report says. "Miller then felt a stinging sensation in his arm and under his armpit. At that moment, he realized he had been shot and saw he was bleeding."

Faust fled, prompting a massive manhunt. Shortly before 11 a.m., police received a tip that Faust was hiding at 1211 Penny Road in Drumore Township. Lancaster city police Detective Kiss and Deputy U.S. Marshal Stifler arrived and staked out the residence.

State police Cpl. Christaldi and state police Trooper Torres saw Faust emerge from a patch of tall grass with a revolver in his hand, the report says. Faust ran, and Christaldi got out of the cruiser and ran after him while Torres pursued Faust in the cruiser.

"Faust then stopped running, turned towards Christaldi, and pointed his weapon in Christaldi's direction. Torres exited his car and gave Faust a number of verbal commands to drop his weapon. Faust refused to do so," Totaro's report reads.

"As Faust was pointing his gun at officers in an attempt to get a shot at them, Torres heard shots being fired by Christaldi. Torres did not know whether Faust fired a shot. However, Torres did recall that when he went to his cruiser for a shotgun, he heard a gunshot that was distinctly different from the others. He then saw Stifler fire a number of shots at Faust. Once Faust dropped his weapon, Torres ran up and kicked the gun away."

An analysis showed that Faust fired two shots. An autopsy found Faust had been struck by five bullets
- all front to back, meaning Faust was facing the guns that were fired at him.

Six months after Faust's death, police in West Lampeter Township said he was responsible for the
shooting of a 2-year-old boy, Pedro Melendez Jr., in June 2005 near a Taco Bell restaurant.

"If Dan Faust was alive today, I would be charging him," Detective
Jere Schuler told the Intelligencer Journal. "He has been identified as the shooter."

Mrs. Faust disputed the allegations, saying her son was at home the night of the child's
shooting. In her suit, she noted that her son never confessed to the crime and claims police haven't linked the bullet exclusively to her son's weapon.

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