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LOS ANGELES (CNS) - A man who says he was shot in the back of the head with a rubber bullet by Los Angeles police during a 2020 protest against the killing of George Floyd won a round in court Thursday when a judge conditionally ruled his attorneys can further depose the officer who fired the weapon.
According to plaintiff Randall Stewart's attorneys' court papers, a lawyer for LAPD Officer Bryan Dameworth blocked key questions during the first session in July. Although Los Angeles Superior Court Judge Daniel S. Murphy previously found that Dameworth was not evasive in answering questions during his first deposition round in July, the judge on Wednesday ruled in favor of Stewart
Murphy noted that rather than keep on with the July deposition, Stewart's attorney suspended the questioning after more than three hours in order to seek an instruction limiting the defense attorney's interruptions.
Although the city noted that Murphy had previously denied Stewart's request for the instruction as well as for date to resume the deposition, the judge said the prior motion focused largely on a request for an order governing the defense attorney's conduct for the remainder of the deposition.
Stewart was lawfully entitled to suspend the deposition to move for such the order, the judge said while also finding that Stewart must provide Murphy with an explanation of what areas of inquiry will be posed to Dameworth that were not covered in the first session.
According to Stewart's attorneys, on May 30, 2020, the plaintiff and other protesters marched down Gardner Street, turned west on Third Street, and eventually stopped near Fairfax Avenue. When the protesters refused to vacate as the officers demanded, Dameworth allegedly began telling them to "leave the (expletive) area" while shooting rubber bullets into the crowd, one of which struck Stewart in the head, causing him severe and permanent injuries.
The allegations in the suit were originally filed in March 2021 and later expanded with additional claims, include assault, battery, intentional infliction of emotional distress and civil rights violations.
Stewart's attorneys maintained in their court papers that during Dameworth's deposition, there were unnecessary interruptions as well as "testimonial statements by defendant's counsel and coaching of the witness."
Rather than continue with the deposition and continue to be interrupted, Stewart's attorney suspended the questioning after more than three hours in order to seek an instruction limiting the defense attorney's interruptions, according to the plaintiff's lawyers court papers.
Former Minneapolis Police Officer Derek Chauvin was convicted in April 2021 of murder in Floyd's May 25, 2020, death and was sentenced in June 2021 to more than 22 years in prison.