Wayne Lynch, father of 25-year-old fatally shot by Virginia Beach police, files wrongful death lawsuit
Wayne Lynch, the father of the 25-year-old fatally shot by Virginia Beach police in March, filed a wrongful death lawsuit on Monday, alleging that an officer shot his son “immediately, unlawfully and without warning” and then failed to render aid.
The lawsuit identifies the officer who shot Donovon Lynch as Solomon D. Simmons. Police would not confirm that Simmons was the shooter.
Police have previously claimed that Lynch was “brandishing” a handgun at the time of the shooting, an allegation that his family and a witness have sharply denied. Police have said that the officer who shot Lynch did not have his body camera turned on.
Simmons and the city of Virginia Beach are named as defendants in the suit.
Simmons did not return calls for comment. City spokeswoman Julie Hill said Monday the city had not received service of the lawsuit and could not comment.
“Once we receive and digest it, we will respond to it accordingly,” she said.
Lynch was at the Oceanfront with his friend Darrion Marsh on March 26. They were inside a nightclub during a shooting in which they had no involvement. They then left and walked toward their cars when they encountered Simmons, according to the lawsuit.
“Immediately, unlawfully and without warning, Officer Simmons fired his police-issued firearm at Mr. Lynch, shooting him twice and killing him,” the lawsuit reads. It claims that Simmons acted with gross negligence and used excessive force when killing Lynch.
Lynch, one of two people killed that night in addition to eight others being injured, did not speak or act in any way that suggested that he posed “any threat, let alone a deadly threat, to Officer Simmons or anyone else,” the lawsuit says.
Virginia State Police are currently investigating the shooting.
The lawsuit also alleges that Virginia Beach “had a custom or policy of failing to properly train, instruct, and/or supervise its police officers, including Officer Simmons, as to the proper circumstances under which to draw a firearm and/or use deadly force.”
Attorneys Josh Coe and Anthony Gantous, with the Virginia Beach law firm Anchor Legal Group, are representing Wayne Lynch along with Alex Spiro, a celebrity attorney from New York who has represented Jay-Z and Robert Kraft.
Lynch is seeking $50 million in damages and $350,000 in punitive damages against Simmons.
Peter Coutu, 757-222-5124, peter.coutu@pilotonline.com
