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The Estate of Christopher "The Notorious B.I.G." Wallace won a decision June 21 to bring a wrongful death suit against the Los Angeles Police Department, which is accused of being complicit in the rapper's murder.
The wrongful death was filed by Wallace's mother Voletta and his widow, Faith Evans. The lawsuit focuses on a former LAPD officer, David Mack, who has been implicated in the murder.
Mack, a member of the Bloods street gang, is currently serving a 14-year sentence in federal prison for robbing a bank. Central to the lawsuit is a concept, “under color of law,” where a person or persons commits a crime under authority of the law.
Wallace was gunned down at an intersection near the Petersen Automotive Museum in Los Angeles, after he attended an after party for the Soul Train Music Awards. Attorney’s for the LAPD argued that since Mack was off-duty the night Wallace was murdered, he was not working within his boundaries as an LAPD officer if it is proven that he committed the crime.
According to a June 30 judgment, the investigation indicates that Mack had knowledge only privy to the LAPD, including surveillance information and Wallace’s exit plan from the after-party, which police frequently review when patrolling large events.
“It appeared that police radios were used to monitor the location and response of law enforcement to the shooting, as well as to facilitate escaping after the shooting, concealing the vehicle, and disposing of the weapon,” Judge Florence-Marie Cooper said.
Cooper's ruling means that Wallace’s estate now has to prove that Mack was “acting, purporting to act, or pretending to act in the performance of his or her official duties.”
If that cannot be proven, the Judge said that Mack could have been acting as a private citizen and that the LAPD could not be held accountable for his actions.
Cooper also stated “it is the nature of the act performed, not the clothing of the actor or even the status of being on duty or off duty, which determines whether the officer has acted under the color of law.”
Ms. Wallace’s estate is pursuing a theory by former LAPD detective Russell Poole, who claims that Mack and another man, Amir Muhammad, shot Wallace on orders from Death Row CEO Suge Knight, a claim Knight and Muhammad have denied.
"I have stated from the outset that I have nothing whatsoever to do with any of this," Muhammad told the LA Times in March. "I've done nothing wrong. I don't have anything to hide."
Mack owned a black impala, similar to the one reported at the scene and a witness reported seeing him when Wallace was murdered. A driver's license photo of Muhammad resembles the police sketch of Wallace's killer, based on witness descriptions.
One witness even claims to have seen Muhammad himself outside of the Peterson museum the night of the shooting. Former LAPD Detective Russell Poole, who advanced the theory, will testify as an expert witness.
Source: allhiphop.com
The wrongful death was filed by Wallace's mother Voletta and his widow, Faith Evans. The lawsuit focuses on a former LAPD officer, David Mack, who has been implicated in the murder.
Mack, a member of the Bloods street gang, is currently serving a 14-year sentence in federal prison for robbing a bank. Central to the lawsuit is a concept, “under color of law,” where a person or persons commits a crime under authority of the law.
Wallace was gunned down at an intersection near the Petersen Automotive Museum in Los Angeles, after he attended an after party for the Soul Train Music Awards. Attorney’s for the LAPD argued that since Mack was off-duty the night Wallace was murdered, he was not working within his boundaries as an LAPD officer if it is proven that he committed the crime.
According to a June 30 judgment, the investigation indicates that Mack had knowledge only privy to the LAPD, including surveillance information and Wallace’s exit plan from the after-party, which police frequently review when patrolling large events.
“It appeared that police radios were used to monitor the location and response of law enforcement to the shooting, as well as to facilitate escaping after the shooting, concealing the vehicle, and disposing of the weapon,” Judge Florence-Marie Cooper said.
Cooper's ruling means that Wallace’s estate now has to prove that Mack was “acting, purporting to act, or pretending to act in the performance of his or her official duties.”
If that cannot be proven, the Judge said that Mack could have been acting as a private citizen and that the LAPD could not be held accountable for his actions.
Cooper also stated “it is the nature of the act performed, not the clothing of the actor or even the status of being on duty or off duty, which determines whether the officer has acted under the color of law.”
Ms. Wallace’s estate is pursuing a theory by former LAPD detective Russell Poole, who claims that Mack and another man, Amir Muhammad, shot Wallace on orders from Death Row CEO Suge Knight, a claim Knight and Muhammad have denied.
"I have stated from the outset that I have nothing whatsoever to do with any of this," Muhammad told the LA Times in March. "I've done nothing wrong. I don't have anything to hide."
Mack owned a black impala, similar to the one reported at the scene and a witness reported seeing him when Wallace was murdered. A driver's license photo of Muhammad resembles the police sketch of Wallace's killer, based on witness descriptions.
One witness even claims to have seen Muhammad himself outside of the Peterson museum the night of the shooting. Former LAPD Detective Russell Poole, who advanced the theory, will testify as an expert witness.
Source: allhiphop.com