Family of Tony Robinson, man shot by Madison police, to receive $3.35 million
The family of an Madison teenager fatally shot by a police officer will receive $3.35 million to settle a federal civil rights lawsuit filed over his death.
The settlement came as a spokeswoman for U.S. Attorney John Vaudreuil in Madison said for the first time his office is reviewing the shooting along with the Civil Rights Division of the U.S. Department of Justice — a development welcomed by attorneys for the teen's family.
The decision to settle the case ignited a furious response from local law enforcement, who said the officer should have had the chance to defend himself in court.
Tony Robinson Jr., a 19-year-old biracial man, was unarmed when he was shot and killed by Madison police officer Matt Kenny in March 2015. Kenny was responding to 911 calls about Robinson being aggressive and behaving erratically. Robinson's death sparked large, but peaceful, protests throughout the city.
The family's lawsuit turned on whether Kenny was being accurate and truthful when he said he was assaulted by Robinson.
Attorneys for the Robinson family said the settlement showed they had a strong case and added they would try to use it now to force further changes in the Police Department.
"This is absolutely vindication for the Robinson family," attorney Anand Swaminathan said.
The settlement has no admission of wrongdoing and will be paid for by the city's insurer. In 2015, the city of Madison reached a $2.3 million settlement with the family of a musician killed by an officer.
Kenny previously was cleared of criminal wrongdoing by Dane County District Attorney Ismael Ozanne, a Democrat who like Robinson is biracial. An internal police investigation determined that he didn't violate department policies.
The lawsuit — filed against Kenny and the city — questioned the officer's version of events. In part, the family's attorneys that the officer lied about getting into an altercation with Robinson as a justification for shooting him at an east side home. They questioned why Kenny didn't wait for backup before entering the building's stairwell, and argued he was at the bottom of the stairs when he began shooting at Robinson.
Madison Mayor Paul Soglin noted that the city had been dismissed from the case on Feb. 13, and as a result of that and the city's insurance policy had no standing or say in the settlement.
"Officer Kenny was forced to make immediate decisions in dangerous circumstances which led to tragic consequences," Soglin said in a statement.
Aspokesman for Kenny said he was "extraordinarily disappointed" in the settlement decision.
Jim Palmer, an attorney representing Kenny who is also the executive director of the Wisconsin Professional Police Association, said the "city’s insurance company chose to make a business decision that was more concerned with the costs of litigation than the facts of the case."
Speaking to reporters Thursday, Madison Police Chief Mike Koval acknowledged the pain of Robinson's family and the fact that the money would not bring back the teenager. But he said that he had repeatedly opposed a settlement.
"The process is driven quite frankly by risk managers, insurers, accountants, and suits — lawyers," he said.
"Does this have a chilling effect on policing? Yes. From a recruiting standpoint, of course it does," Koval said.
ARCHIVES: Man dead in Madison police shooting had been subject of violence complaints
ARCHIVES: Madison maintains peace, but glaring racial gaps persist
Robinson had taken hallucinogenic mushrooms on the day he died, and police said he assaulted Kenny when the officer arrived in response to three 911 calls.
Kenny has said when he exited his squad car, he heard sounds of a disturbance from an upstairs apartment on Williamson St., and, believing a fight was taking place, radioed dispatch that he was going to go in. He also drew his firearm. Robinson reportedly struck Kenny on the left side of his head and knocked him to the wall and kept coming, Kenny told investigators.
Kenny shot Robinson seven times in three seconds.
Agents under Wisconsin Attorney General Brad Schimel investigated the case under the provisions of the state's independent review of police shootings. At a separate news conference Thursday, Schimel said that Robinson's death was a tragedy but that it was also tragic that "the law enforcement officer had to use deadly force to protect himself."
"That day the bad guy was the drugs that it sounds like an otherwise very promising young man used," Schimel said.
At a press conference on the Capitol steps, Robinson's mother, Andrea Irwin, pleaded for people to see him as a young man.
"Whatever you believe about my son, he was a human being and he was my son and... he was a brother and a nephew and a grandson," she told reporters.
Swaminathan and fellow attorney David Owens praised Wisconsin's independent review system for shootings by officers, saying it was a valuable tool that more states should adopt. But they were critical of the decision of the state Department of Justice agents to let Kenny review recordings of the incident before answering questions about it.
The two attorneys were even more critical of the disciplinary process for Madison police, saying it had failed to probe inconsistencies in Kenny's statements.
Palmer has said Robinson gave Kenny a concussion and on Thursday Palmer shared documents showing Kenny was seen on the day of the shooting for a head injury at St. Mary's Hospital.
ARCHIVES: Madison DA decides no charges warranted in Robinson shooting
ARCHIVES: Madison police clear officer of wrongdoing in Tony Robinson shooting
"Matt strongly believes that this lawsuit should have gone to trial, and he deeply regrets that he is being deprived of the opportunity to defend himself before a jury of his peers," Palmer said. "While we continue to extend our sympathies to Mr. Robinson's family, they have made some outrageous claims about Matt that will never be resolved."
ARCHIVES: Tony Robinson probe shows evolution of police accountability law
ARCHIVES: Records in Tony Robinson's death heavily redacted
