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Family of Slain Northwest Man Reaches Proposed Settlement with LA Sheriff's Department after Deputies Mistakenly Shot, Killed Him

John Winkler shot four times after deputies mistook him for assailant in stabbing


News provided by

Osborn Machler

Apr 07, 2015, 08:24 ET

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LOS ANGELES, April 7, 2015 /PRNewswire/ -- The attorney representing the family of 30-year-old TV producer and Puyallup, Washington, native John Winkler today announced that the Los Angeles County Sheriff's Department (LASD) has reached a settlement after deputies mistakenly shot and killed Winkler outside of his West Hollywood apartment building one year ago today.

Sim Osborn, attorney for the family, said the LASD agreed to the settlement on March 30, 2015, but still need approval from the Los Angeles Board of Supervisors.

Osborn declined to disclose the monetary value of the settlement pending review by the Supervisors.  

"We are gratified that we could share this settlement on the first anniversary of John's death, and hope that this agreement will allow his family some measure of closure," Osborn said.

Los Angeles County Sheriff's deputies mistakenly shot and killed Winkler while responding to a stabbing and hostage standoff in West Hollywood on April 7, 2014. Deputies believed Winkler was the attacker when they encountered him at a Palm Avenue apartment complex, when in fact he was one of three hostages being held inside an apartment by a man with a knife.

"John was trying to help Liam Mulligan - who had been stabbed in the neck – escape from the apartment when three deputies mistook John for the assailant and shot him four times, killing him," Osborn said.  Osborn noted that the deputies also shot Mulligan in the leg, causing extensive injuries.

The assailant, Alexander McDonald, was later arrested on charges of murder, attempted murder and torture, and is now being held on $4 million bail.

The family of Winkler filed a claim against LASD in April of last year, a necessary precursor to filing a civil lawsuit. Osborn subsequently filed the official complaint on Dec. 9, 2014.

According to Osborn, the LASD had descriptions of both Winkler and McDonald, including a photograph given to deputies moments before the shooting.

"It is very difficult to understand how the deputies could have confused John for McDonald - two very different looking men," Osborne said. "It is apparent to me that the sheriffs' actions certainly fell below what the residents should expect from law enforcement, and we hope that they are taking steps to bolster training."

Osborn noted that the LASD must report what steps it is taking address its shortcomings in procedure and training as a condition of the settlement.

"It is a tragedy when any parent loses a child, but learning that John was killed by those sworn to protect him is almost too much to comprehend," said Lisa Ostergren, John's mother. "There hasn't been a single day in which John's death doesn't bring me to tears, and I can't image a day in which I will stop grieving over him."

"In my years of representing families, I can't think of anyone more universally loved and respected than John," Osborn said. "He was a young man who found his stride in life, which makes his death even more tragic."

About Osborn Machler

The attorneys at Osborn Machler represent plaintiffs in personal injury, products liability, and professional malpractice cases. Osborn Machler is noted for taking difficult cases and successfully taking them to settlement or trial. The firm has extensive experience representing injured persons against federal, state, and local governments. You can learn more about the firm, its cases and expertise at www.osbornmachler.com.

CONTACTS:

Sim Osborn (206) 441-4110
Osborn Machler
[email protected]

Mark Firmani (206) 443-9357
Firmani + Associates Inc.
[email protected]

SOURCE Osborn Machler

Related Links

http://www.osbornmachler.com

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