The Atlanta Journal-Constitution
$ 400,000 ends case against police
Offifficer in car accused of running over man flfleeing on foot.
More than three years after running from police, being struck by a Dunwoody police vehicle and suffffffffffffering a crushed leg, a man will receive a $ 400,000 settlement.
Yadata Osman fifiled a legal complaint against Dunwoody police Officer Kevin Lopez- Lincona, alleging the offifficer was reckless and used excessive force during a 2017 arrest. Osman claims the offifficer intentionally ran him over, leading to several surgeries and nearly $ 370,000 in medical bills.
His l awsuit asked for a j ury trial to determine compensatory damages, but Dunwoody’s insurance carrier settled the suit for $ 400,000, according to a cit y spokeswoman. The i nsurance carrier footed the bill, putting an end to the case before it could go to trial.
Dunwoody’s spokeswoman said in a Wednesday statement, “The city disputes the assertion by the plaintiffff ’s attorney that the offifficer chased down his client and struck him intentionally.”
The incident took place Sept. 4, 2017, shortly after midnight in the Perimeter Village parking lot. Osman was accused by police of driving erratically in the parking lot. Decatur- based attorneys Mark Begnaud and Eshman Begnaud, who represented Osman, said their client was suspected of doing doughnuts in the mostly empty parking lot.
When offifficers arrived, Osman got out of his vehicle and ran away. Lopez- Lincona drove after Osman in his patrol car, bumping into him before ultimately striking and running him over, the l awsuit said. The i ncident crushed Osman’s leg, fracturing several bones.
“There was simply no justification for this officer’s reckless decision to chase down Mr. Osman with his patrol car,” Mark Begnaud said in a news release. “While running from the police is never a good idea, Mr. Osman was only suspected of an incredibly minor offffffffffffense — doing doughnuts in an empty parking lot.”
According to Dekalb County Jail records, Osman was booked into jail on four misdemeanors, including counts of DUI, reckl ess driving and obstruction. He later pleaded guilt y to the DUI and obstruction charges, receiving time served in jail plus t wo years on probation, court records show.
The Atlanta Journal- Constitution has reached out to Dunwoody to fifind out whether Offifficer Lopez- Lincona’s actions were ever subject to an internal investigation.
Osman’s complaint also listed Dunwoody police Chief Billy Grogan and Sgt. T. D. Fecht as def defend A f endant motion ants. s. was fifiled Wednesday in the U. S. District Court for the Northern District of Georgia to dismiss the case due to the settlement.
“While this settlement won’t make Mr. Osman’s injuries go away, the recovery will go a long way towards helping him move on with his life,” Mark Begnaud said in the release.