Milwaukee Journal Sentinel

City panel recommends settlement in shooting of bystander

- Alison Dirr

A bystander who was shot by a Milwaukee police officer in September 2019 would receive $450,000 under a settlement agreement recommende­d by a Common Council committee.

Tari Davis was shot in the stomach by officer Nikolas Zens after a man who was being chased by police ran to Davis’ back door. Neither Davis nor the suspect, whom Davis knew, were armed.

The Judiciary and Legislatio­n Committee recommende­d approval of the settlement on a 3-1 vote Monday, with Ald. Marina Dimitrijev­ic voting against it.

“I’m objecting just on a protest vote,” she said. “I’m sick of these.”

She told the Journal Sentinel via text message that she was protesting the “ever-growing taxpayer funded settlement­s we have to continue to pay in this city involving the police department.”

She pointed to another resolution before the committee Monday that included collective­ly more than $1 million in pending police-related settlement­s or jury verdicts. The largest were with Davis, a $386,000 jury verdict in another man’s civil rights case and $250,000 for a crash involving a police squad car, according to records provided to the committee.

Ald. Michael Murphy said he’d support the settlement to avoid going to trial, but only with “great reluctance.”

The Common Council is expected to take up the settlement at its Oct. 11 meeting.

Milwaukee County prosecutor­s did not charge Zens in the shooting. District Attorney John Chisholm in a February 2020 letter to then-Police Chief Alfonso Morales wrote that there was no evidence to refute Zens’ perception of a threat.

But the chief fired Zens shortly after the city’s Fire and Police Commission issued a series of directives to Morales in July 2020, including that he release more informatio­n about the shooting.

Davis is the lead plaintiff in the federal civil rights lawsuit that names the city, Morales, Zens and 13 other members of the Police Department as defendants.

The complaint accuses police of violating Davis’ constituti­onal rights by shooting him and then chaining him to a hospital bed and searching his phone.

It also states that police “proceeded to forcefully and violently slam” Davis’ minor daughter to the ground and take her into custody without justification.

Attorney Verona Swanigan, who is representi­ng the plaintiffs, declined to comment, citing the pending votes on the settlement at the city.

The shooting came after police tried to pull over Kevin Brown, then 22, for speeding through a flashing red light on Sept. 8, 2019, according to the criminal complaint.

A 19-minute, 14-mile chase ensued, reaching speeds of more than 80 mph on city streets, the complaint states.

Brown ultimately ran from his

vehicle, and Zens fired after seeing Brown and Davis standing outside Davis’ back door. Zens said he believed Brown was armed, the Journal Sentinel reported previously.

In a letter to the Common Council, the City Attorney’s Office said it deemed settlement “expeditiou­s” and recommende­d the $450,000 payment. That sum includes all fees and costs, according to the letter.

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