City Council OKs settlement in officer-involved shooting death lawsuits
City councilors approved payment of a $110,000 judgment on Thursday to settle two lawsuits related to a 2009 fatal officer-involved shooting.
The money will go to Brandi Cox on behalf of her son, a minor who was injured in the shooting. Her husband, Steven Paul Crowels, was killed.
The officer who fired the shots, Jay Chiarito-Mazzarella, is no longer with the Tulsa Police Department.
The Tulsa County District Attorney's Office found that the shooting was justified, and the Tulsa Police Department's Deadly Force Review Board concluded that Chiarito-Mazzarella acted "out of good faith concern for his own life and safety and the force used was lawful," according to court records.
However, the board recommended that Chiarito-Mazzarella be found to have violated tactical and training policies.
Specifically, the board found that he fired "into the vehicle despite the fact that he knew the vehicle contained at least two passengers and despite the fact that he did not have a clear view of, or shot at, the target," court records state.
Gerald Bender, litigation division manager for the city, said Thursday that given the review board's findings and the $50,000 to $60,000 cost of providing expert witnesses for trial, the City Attorney's Office, with the mayor's blessing, agreed to settle the cases.
"In terms of the amount of the settlement itself, it is not out of line with what we have paid with other officer-involved shootings that have had some tactical errors or other issues," Bender said.
The city pays judgments - court ordered payments - out of its sinking fund, which is financed primarily through property taxes. Judgments are typically paid over three years, with interest, but can be paid in one lump sum.
The city's sinking fund also pays the principal and interest on general obligation bonds.
A Tulsa World report of the incident states that the shooting happened about 11 p.m. Oct. 15, 2009, at the corner of Oklahoma Street and Urbana Avenue.
Chiarito-Mazzarella had tried to stop Crowels' vehicle in the area of 1200 N. Allegheny Ave. after he saw an occupant throw something out of the car, police reported.
The driver refused to stop and sped away, and a short pursuit ensued, police said. The driver lost control of the car at Oklahoma and Urbana, and it slammed into an unoccupied parked vehicle.
Chiarito-Mazzarella got out of his patrol car and was approaching the vehicle from behind when the driver put the car in reverse and attempted to hit the officer with the vehicle, Chiarito-Mazzarella claimed.
"Out of fear for his life and safety, Chiarito-Mazzarella drew his weapon and fired at plaintiff through the rear window of the vehicle," according to court records. "When he continued to hear the engine rev, he fired again."
In all, Chiarito-Mazzarella shot into the vehicle seven times, striking Crowels. Crowels' son was bruised but not struck by the bullet that penetrated the back of his seat. A friend of Crowels' son also was in the vehicle but was not injured.
Crowels died of his gunshot wounds 20 days later.
Ex-Tulsa cop denied bail in Vermont stalking case
A Vermont judge has refused bail for a former Tulsa police officer who is charged with threatening a Burlington police officer who was in a relationship with his wife, who also is a Burlington officer.
Jay Chiarito-Mazzarella, 41, is charged with felony aggravated stalking and disorderly conduct by telephone. He is accused of confronting Cpl. Steven Dumas on the phone Sept. 24 after discovering the relationship. Chiarito-Mazzarella fired two bullets as they spoke, telling Dumas, "the next one is for you," Dumas reported.
Police said that on Sept. 30, Chiarito-Mazzarella sent Dumas a photo of himself and his 2-year-old daughter in front of Dumas' home.
Chiarito-Mazzarella was formerly a police officer in Tulsa.
In November 2009, the Tulsa County District Attorney's Office ruled that he was justified in fatally shooting a man who the officer said was trying to run over him with a car that October.
In April 2009, Chiarito-Mazzarella and five other Tulsa officers were put on restrictive duty while the death of a man in their custody was investigated. The man became unresponsive while they were trying to put leg shackles on him after he was pepper-sprayed but continued to resist attempts to detain him, the officers said. - From Staff and Wire Reports