The California Highway Patrol officer that is charged with killing her husband is the defendant in a Los Angeles wrongful death lawsuit filed by his son. Tomiekia Johnson has pleaded not guilty to the murder of her spouse Marcus Lemons.
Johnson, 31, is accused of shooting her husband in February 2009 during an altercation. She then drove to her parents' residence with his body in the passenger seat. When Johnson reported the shooting, she told them that she was defending herself after Lemons became abusive. Police arrested Johnson last week after finding that her account of what happened did not match up with their investigation's findings.
Last year, DeMarco Lemons, the victim's son, sued Johnson and CHP for Lemons' Los Angeles wrongful death. The plaintiff contends that the CHP was negligent in employing Johnson and that his stepmother robbed him of a relationship with his dad. He also contends that Johnson was supposed to take anger management classes but never attended.
California Wrongful Death
If someone you love has died because of what you believe was another party's reckless or careless actions, you may have grounds for a civil lawsuit against the responsible party. The negligence on the allegedly liable party's part may be accidental or intentional. Your Los Angeles wrongful death case would be separate from any criminal case and the outcomes are unrelated. This means that even if a jury finds a defendant not guilty of murder, he/she may still be found liable in civil court. You have two years from the date of death to submit your complaint in California.
CHP officer accused of killing husband had been ordered to take anger-management classes, suit says, Los Angeles Times, January 17, 2011
Suit: Officer charged in shooting had anger issues, SF Gate, January 17, 2011
Tomiekia Johnson, California Highway Patrol Officer, Pleads Not Guilty to Husband's Murder, CBS News, January 14, 2011
Related Web Resources:
Wrongful Death Claims, Nolo
Wrongful Death, California Injury Lawyers Blog
