While the dramatic raid on Palm Springs City Hall basically took up all the media oxygen in the Valley, there was another huge story that flew under the radar. The insurance company for the city of Palm Springs agreed to pay more than 2.5 million dollars to the family of Marine Corporal and Afghanistan veteran AJ DeVillena who was shot to death by 2 Palm Springs police officers back in November 2012. The shooting took place in the city parking garage in Palm Springs.
It was a horrible incident for all concerned. But there was gasoline thrown on the fire by city attorney Patrick Desmond who called the settlement a "business" decision and then proceeded to trash Corporal DeVillena. Mr. Desmond, a Long Beach State and U of San Diego Law School Grad obviously skipped school the day when they were teaching compassion and decorum.
What Mr. Desmond did not comment on is that according to the Los Angeles Times, the Palm Springs PD in the settlement agreed to discourage it's officers from shooting at moving vehicles. A practice which in the past 3 years had led to 1 death and 2 monetary settlements. Shooting at moving cars may work on TV but in reality, it is both dangerous and ineffective. Hardly a "business" decision but a policy one.
Also the PSPD will now liaison with the 29 Palms Base to make sure Marines can be safe while partying here. This was specifically according to the wishes of Corporal DeVillena's family.
How much more appropriate if the esteemed lawyer had just said, "We are glad to see this chapter end." But no, he had to defend at all costs the actions taken that evening by Officers Mike Heron and Chad Nordman. (Nordman is a whole column himself. He has been involved in 3 different settlements by the city. Only union protection keeps him employed.)
No one is condoning drunk driving nor disobeying police orders. But the penalty for both is not death. Mr. Desmond did neither the city or himself any honor with those remarks.
Charles Dickens in Oliver Twist wrote that "The law is an ass." The comments made by Mr. Desmond in this case may extend that phrase to the practitioner as well.
Steve Kelly can be reached at skelly@rrbroadcasting.com
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