Judge orders payment of attorney fees in Donovon Lynch wrongful death case

NORFOLK — After months of legal wrangling, a federal judge on Tuesday issued an order setting the attorney fees that must be paid in a wrongful death case involving a man killed by a Virginia Beach police officer in March 2021.

The order from U.S. District Judge Arenda Wright Allen came nine months after attorneys for the city of Virginia Beach and Wayne Lynch, the father of Donovon Lynch, announced they’d reached a $3 million settlement agreement in the case.

The final plan entered by Wright Allen calls for Wayne Lynch to receive $2,034,729, with the rest of the nearly $1 million to go to attorneys’ fees and expenses. Wayne Lynch also will receive $12,000 for his son’s funeral expenses.

Donovon Lynch, a 25-year-old cousin of musician Pharrell Williams and a former offensive lineman for the University of Virginia’s College at Wise, was fatally shot March 26, 2021, by Virginia Beach police officer Solomon Simmons during a chaotic night at the Oceanfront. One other person was killed and eight were injured in separate shootings that night.

Wayne Lynch filed a $50 million lawsuit against the city and Simmons in 2021 in federal court in Norfolk. While Lynch’s family and a friend who witnessed the shooting have said the officer had no reason to fire at him, the city has repeatedly said Donovon Lynch was “brandishing” a handgun at the time. A special grand jury investigated the incident and determined no charges should be filed against Simmons.

Lawyers for the city and Lynch announced in December they’d reached an out-of-court settlement. But just a few weeks later, Lynch said he’d parted ways with attorneys Justin Fairfax and Martin Thomas and that the agreement wasn’t final. Fairfax, a former Virginia lieutenant governor; Martin; and the city then filed motions asking to have the agreement enforced.

The order issued by the judge this week calls for the majority of the attorneys’ fees to go to Fairfax and Martin, with Fairfax getting $348,120 and Martin receiving $232,080.

Anchor Legal Group, which initially represented Lynch, will be paid $229,635 in fees, attorney Joseph Sherman will get $30,374 and $14,025 will go to attorney Trey Kelleter. Legal expenses submitted by the various lawyers in the case came to nearly $125,000, according to the order.

Jane Harper, jane.harper@pilotonline.com