Man sued Tacoma officer who ran him over during street-racing meetup. Now he’s dropped his case

Shea Johnson
·4 min read

A man convicted for his actions during an illegal street-racing event in Tacoma has dropped a federal lawsuit against the city and a since-retired police officer who ran him over at the chaotic car meetup in 2021.

Legal counsel for Anthony Huff-McKay and the defendants jointly stipulated to dismiss the lawsuit earlier this month, court records show. The case’s dismissal was approved by the court July 10.

“The outcome of the criminal case unfortunately affects the civil lawsuit filed by Mr. Huff-McKay,” attorney Austin Neff, who represented Huff-McKay in the suit, told The News Tribune. “After much deliberation, he has chosen to put this incident behind him and move on with his life.”

A jury found Huff-McKay, 25, guilty June 6 of two counts of unlawful imprisonment, two counts of second-degree malicious mischief and obstructing a law enforcement officer in connection to the street-racing sideshow on Jan. 23, 2021.

Participants in the illegal public street “takeover” had burned rubber and spun in circles at Pacific Avenue and South Ninth Street in downtown Tacoma while 100 to 200 spectators looked on. Responding officers Khanh Phan and Rader Cockle were surrounded in their patrol vehicles by an angry crowd reportedly making threats. Huff-McKay, who was at the event and had repeatedly yelled, “block the cops,” restrained the movements of the two officers and damaged the vehicles, the jury found.

Anthony Edward Huff-McKay (left) listens while prosecutors deliver closing arguments to the jury in his trial for charges of unlawful imprisonment, second-degree malicious mischief and obstructing a law enforcement officer. Huff-McKay, 25, is accused of directing a crowd to surround two Tacoma Police Department patrol cars after officers responded to a street racing event Jan. 23, 2021 at Pacific Avenue and South 9th Street.

Accused by prosecutors of inciting a mob, Huff-McKay was the only person to face charges stemming from the street-racing event. He was tried as an accomplice for the actions of the crowd. His sentencing is scheduled Friday when he faces nine months to a year in prison, although the state could argue for a longer sentence because the victims were law enforcement officers working in their official capacities.

In his lawsuit filed in January against the city and Phan, Huff-McKay claimed that each was negligent when he was struck by a Tacoma Police Department SUV driven by Phan.

As Phan had been attempting to inch through a crowd, some bystanders pounded and kicked his vehicle and blocked his path forward, according to authorities and videos posted on social media. Phan then slowly backed up before accelerating forward. His vehicle hit six people, including Huff-McKay, who was run over, The News Tribune previously reported.

An amended lawsuit filed in April alleged that Phan struck at least a dozen pedestrians. Neff underscored in January that his client hadn’t banged on any patrol vehicle and instead had been roughly three rows in front of Phan’s SUV.

Huff-McKay suffered several injuries, including broken ribs and a partially collapsed lung, according to the suit.

In an interview in January, Neff asserted that Phan could and should have deescalated tensions by reversing or continuing forward slowly. While he didn’t believe the officer had ill intentions, Neff said his actions were a reflection of inadequate training inside TPD.

Officer Khanh Phan
Officer Khanh Phan

The city and Phan, who were represented in the litigation by the city attorney’s office, denied allegations in a response filed in court. They argued that any injuries were caused by the plaintiff; any force used was justifiable, reasonable and necessary given the circumstances facing the officer; and that Huff-McKay was barred from recovering any damages since he was in the commission of a felony at the time of the incident.

City spokesperson Maria Lee declined to comment on the lawsuit’s dismissal because other related litigation was still pending. Two other pedestrians who also claimed to be struck by Phan have filed federal lawsuits, court records show. Council member Jamika Scott sued the city and 10 police officers in February over her alleged wrongful arrest after she arrived following the Phan incident to observe the scene. Scott was not a council member at that time.

The Pierce County Prosecuting Attorney’s Office declined to charge Phan with any crimes in July 2022. Prosecuting Attorney Mary Robnett called Phan’s actions “a measured response to an unruly, aggressive, and dangerous mob.”

Phan had told investigators that he had been paralyzed by fear and convinced that a bottle that shattered against his window was a Molotov cocktail. Cockle’s back window was broken out during the police response.

The incident prompted national headlines, a protest the following day and calls for police accountability and action against street racing in Tacoma. The City Council later passed laws to crack down on street-racing spectators and exhibitions of speed.

Phan retired in January 2022 following a 30-plus-year career with the department. Cockle, who had been on the force for four years, retired a few months earlier.