Virginia family of shooting victim files wrongful death lawsuit against HOA, Security company, and guard

By Deborah Goonan, Independent American Communities

Last week, attorney John R. Fletcher, Tavss Fletcher, filed a wrongful death lawsuit on behalf of The Estate of Jiansheng Chen. You may recall that Chen was fatally shot 5 times by a City Wide security guard, Jonathan Cromwell, on the night of January 26, 2017.

Chen’s family says he was in his vehicle parked, playing Pokémon Go, on common property near the clubhouse of River Walk Association, when Cromwll confronted the 60-year old resident.

Related: Riverwalk HOA security guard charges upgraded to first degree murder

The lawsuit alleges that Cromwell, City Wide Security, and River Walk Community Association responsible for Chen’s death.

Among the allegations in the civil suit:

Cromwell was known to recklessly brandish his firearm, exceeding the bounds of his authority; that he regularly engaged in “dangerous, reckless, erratic and violent behaviors and tendencies” and had “malicious” intent toward Chen.

City Wide Security knew or should have known that Cromwell had a history of reckless and aggressive behavior. A previous reporter fired Cromwell for similar behavior, and other River Walk residents filed complaints about Cromwell’s aggressive manner.

River Walk HOA knew or should have known of Cromwell’s dangerous and reckless behaviors, was negligent in taking action upon complaints from residents, and allowed City Wide guards to patrol fully armed, when the HOA’s contract with the company stipulated unarmed security only.

Plaintiffs seek $5 million in damages, plus $350,000 in punitive damages.

The criminal trial against Cromwell, who faces first degree murder charges, is scheduled to begin later this month in Virgina Beach.

Cromwell’s criminal defense attorney, Andrew Sacks, issued a statement to WTKR, insisting that the security guard acted in self-defense, fearing that Chen intended to run him over with his vehicle.

 

 

References:

Security guard charged in “Pokemon Go” shooting had history of brandishing gun, lawsuit says
By Margaret Matray, Staff writer, The Virginia Pilot, Jan 29, 2019 Updated Jan 30, 2019

Family of man killed in Chesapeake Pokémon Go shooting files wrongful death lawsuit
POSTED 3:56 PM, JANUARY 29, 2019, BY WEB STAFF, UPDATED AT 08:16PM, JANUARY 29, 2019 (Video)

Family sues security guard accused of murdering man in Chesapeake
By: WAVY Web Staff Posted: Jan 30, 2019 11:28 AM EST
Updated: Jan 31, 2019 08:13 AM EST (Video)

Lawsuit filed by Estate of Jiansheng Chen