by Jason Cruz
Northwest Asia Weekly
Wang Shenlen’s photo taken in downtown Issaquah. (Photo courtesy of Loevy & Loevy Law Firm)
A federal court has rejected a motion for a new trial on behalf of the estate of a 66-year-old Issaquah man who suffered a broken neck while responding to an alleged domestic dispute call at the Issaquah Police Department (IPD). Home in 2018. In a civil trial in June 2022, a jury found that officers Michael Lucht and Kylen Whittom did not use excessive force against Wangsheng Leng.
“Obviously, we disagree and are heartbroken by the jury’s verdict in this case; it was a miscarriage of justice,” said David B. Owens, an attorney for the family. “No words can describe the pain that the death of Leng Wangsheng has brought to this family, and now even more painful is the outcome of this trial. During these difficult times, the family appreciates privacy.”
Attorneys for the City of Issaquah (also sued by the family) and IPD did not respond to requests for comment.
Leng died in hospice a month after his encounter with the police. The King County Medical Examiner’s Office ruled the death a homicide due to “blunt force trauma to the neck” that “occurred in a situation involving the use of physical restraint.”
On August 5, 2018, Issaquah police received a 911 call for a domestic disturbance. His wife Yang Liping, 40, said once the police entered the home, the police grabbed her “nonsense” husband and pulled him onto a sofa, where they pushed him face down and tried to handcuff him, Hold him down with their weight. Leng’s lawyer argued that the police did not try to find an interpreter or confirm through 911 that they were going to the correct apartment.
In addition, the estate’s family argued in court documents that the person calling 911 was a neighbor who often made emergency calls when there was no emergency. Neighbors told the 911 operator that there was a heated argument involving a large Samoan man.
IPD officials argued that Leng was frail and had health problems that officials did not know contributed to his death. The officer’s lawyer also argued that he acted erratically and made an indecipherable voice. When Yang opened the door, Leng grabbed Yang and then charged at one of the officers as they tried to enter the home, officials said. According to court documents, Leng suffers from Alzheimer’s disease.
Language barriers can be a problem that can lead to fatal encounters. The couple immigrated to Issaquah from China in 2010. The couple spoke Mandarin; neither spoke English.
Cold’s death exemplifies the harsh realities of police work and the responsibilities that come with it. State Assemblyman My-Ly Thai wants to introduce the Peace Officer Accountability Act into Washington state. According to lawmakers, it would protect citizens’ constitutional rights while allowing civil lawsuits against magistrates. The legislation would hold police accountable in civil lawsuits for alleged misconduct. It would eliminate the current police qualified immunity law, which shields them from civil lawsuits for violating constitutional rights.
Wangsheng Leng’s case will not be affected by the proposed state law because his case has been brought to federal court. The law proposed by the Thai representative will affect lawsuits brought in state courts.
“[The proposed law] The aim is to provide a remedy for the family,” Thai said. “It explains why I am campaigning, I want to be accountable to the power structure of our society. She added that the bill “is about accountability.”We understand that after the advocacy process, there are still cases of non-compliance with the law, so we need to [legislative bill] 1202 as the Accountability Act. “
The ACLU supports the bill, saying “it would incentivize departments to improve training and oversight and deter individual officers from engaging in police misconduct.”
The law is still finding its way through the legislative process in Olympia. It was opposed by police departments and the county because it believed it would lead to a flood of lawsuits.
In the motion for a new trial, Leng’s lawyers listed several factors that they believed were not favorable to their case. This includes claims that pro-police bias was introduced by instructing potential jurors, as the court repeatedly asked them if they could give the police a fair trial, and not to assume they used force too quickly against Cold. Plaintiffs’ attorneys also cited the fact that the jury gave no instructions recommending that Leng’s frail physical condition should not be taken into account for the alleged injury caused by the officer (a legal theory known as the “eggshell plaintiff”). Discussions about domestic violence were also thought to have influenced the trial verdict, as the estate’s attorneys claimed defense attorneys had highlighted the issue, which “unfairly angered the jury,” according to the attorney.
In an order issued on September 27, Justice Thomas Zilly denied the estate’s motion for a new trial. “[T]The court is satisfied that the plaintiffs have given a fair trial and that, if the judgment remains unchanged, there will be no miscarriage of justice,” said part of the order.
Owens said he could not comment on what might happen next after the court’s denial. The jury’s verdict could be appealed shortly after the court declined to retrial, but the parties have yet to reach a decision.
Jason is available at info@nwasianweekly.com.
