City drops appeal over qualified immunity in 2016 police shooting of Sylville Smith, agrees to mediation

In another sign that new Milwaukee City Attorney Tearman Spencer will take a different look at civil rights cases, his office has dropped an appeal that sought to have qualified immunity apply to a former police officer who fatally shot Sylville Smith, prompting the 2016 civil unrest in the Sherman Park area.

Last fall, U.S. District Judge Lynn Adelman rejected the city's motion, based on the qualified immunity claim, to dismiss a civil rights case by Smith's estate. Smith's family sued the city and the officer right after he was acquitted of criminal charges in the shooting in 2017.

Then-Deputy City Attorney Jan Smokowicz appealed that ruling to the 7th U.S. Circuit Court of Appeals, which delayed any trial date. Smith's estate tried to have the appeal declared frivolous, but Adelman denied that motion.

Since then, Spencer defeated long-time City Attorney Grant Langley in April's election and Smokowicz retired.

The appeal on the qualified immunity issue has remained pending at the 7th Circuit, but last month, Spencer's office withdrew it.

"City Attorney Spencer has reviewed this file and determined that pursuing this appeal is not a course he wishes to undertake," the voluntary dismissal motion read. 

The parties told Adelman last week that they will attempt to mediate the case in July.

Car parked too far from curb

Dominique Heaggan-Brown and two other officers were doing overtime patrol Aug. 13, 2016, before the start of their regular 4 p.m. shifts.

They pulled up on a car parked too far from the curb on North 44th Street near West Auer Avenue that they suspected of being involved in a drug transaction. Smith ran from the car with a gun and turned into a gangway between two nearby homes when he fell at a fence and dropped his gun.

Heaggan-Brown, who was chasing Smith on foot along with another officer, shot him once in the arm as Smith rose from the ground, grabbed the gun and turned partly toward the officers as he threw the gun over the fence. Less than two seconds later, after Smith had fallen to his back, Heaggan-Brown shot Smith in the chest

Heaggan-Brown was tried on a charge of reckless homicide and a jury found him not guilty. His attorney argued the officer acted in self-defense.

While he was under investigation in the Smith shooting, Heaggan-Brown was charged with unrelated sex crimes and fired for those offenses. He was convicted and sentenced in 2018 to three years in prison.

Contact Bruce Vielmetti at (414) 224-2187 or bvielmetti@jrn.com. Follow him on Twitter at @ProofHearsay.