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Tampa Settles Lawsuit Over Traffic-Stop Death

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By ELAINE SILVESTRINI | The Tampa Tribune

Published: February 12, 2009

Updated: 02/12/2009 03:18 pm

TAMPA - The city has agreed to pay $150,000 to settle a lawsuit brought by the family of a man killed by police during a traffic stop in 2005, according to court records.

Musa Yazid was pulled over for a traffic violation May 19, 2005, near River Hills Drive and Orange View Avenue. Police said the traffic stop went awry after Yazid gave a false name. They said there was a struggle and two officers, David Joyner and Jason Brocato, used stun guns to try to control Yazid.

Yazid, of Tampa, got back in his car and tried to drive off, police said. When his car headed toward one of the officers, they shot Yazid.

The law firm of Barry Cohen filed a lawsuit in 2007 on behalf of Yazid's wife and children, saying police tried to take Yazid into custody with "no information or probable cause to believe Yazid was dangerous, violent or a threat to anyone."

An internal investigation found the use of deadly force was justified. The internal affairs report states witnesses said Yazid didn't comply with officers' repeated commands.

Although the lawsuit says Yazid questioned and argued with the officers, it adds that he was gathering his belongings to prepare to leave his vehicle.

"Impatient with the speed at which Yazid was exiting the vehicle, defendants Joyner and Brocato forcefully began to pull him from the vehicle, assaulting and battering him in the process," the suit says.

U.S. District Judge Richard Lazzara is scheduled to hold a hearing Friday to decide whether to approve a settlement between the city and Yazid's wife, Virginia Deneed Yazid, and two children, Khalid Earl Alphonso Yazid, 9, and Jameisha Williams, 19.

Khalid Yazid's guardian ad litem, Michael A. Tonelli, filed a report with the court outlining the details of the settlement. Tonelli said the agreement is in the child's best interests in light of issues as to whether the officers violated Musa Yazid's constitutional rights or used excessive force.

"We don't think there was any wrongdoing by the officers," City Attorney Chip Fletcher said this morning. "We don't think there was a question of excessive force or violation of civil rights."

Settling the lawsuit is "just really an economic decision related to the cost of litigation and the potential risk in any jury trial," he said.

"That's too bad that they're saying that," Cohen said. "They should be saying, 'We're paying this money because our officers made some serious mistakes.'

"They're paying that money because they're responsible," he said.

Cohen said state law limits awards in such lawsuits against city governments to a maximum of $200,000.

Under the terms of the settlement, $16,500 is to be paid in attorney fees and $31,467 is to go toward current and future costs, leaving $102,032 for the Yazid family. Of that, 60 percent is to go to Yazid's widow and 20 percent to each of his children.

Tonelli recommends that the $20,406 for Khalid Yazid be divided, with $13,225 being paid to the state's College Prepaid Fund and the remaining $7,181 to be placed in a structured annuity from which the child will receive monthly payments of $226 for two years, beginning in 2017.

Reporter Elaine Silvestrini can be reached at esilvestrini@tampatrib.com.

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