Verdict against a pardoned Capitol rioter is only a partial victory for a police officer's widow

News

Verdict against a pardoned Capitol rioter is only a partial victory for a police officer's widow

2025-06-21 04:44 Last Updated At：04:51

WASHINGTON (AP) — Coming to court this week, a police officer's widow wanted to prove that a man assaulted her husband during a mob's attack on the U.S. Capitol and ultimately was responsible for the officer's suicide nine days later. A jury's verdict Friday amounted to only a partial victory for Erin Smith in a lawsuit over her husband's death.

The eight-member jury held a 69-year-old chiropractor, David Walls-Kaufman, liable for assaulting Metropolitan Police Officer Jeffrey Smith inside the Capitol on Jan. 6, 2021. They will hear more trial testimony before deciding whether to award Erin Smith any monetary damages over her husband's assault.

But the judge presiding over the civil trial dismissed Erin Smith's wrongful-death claim against Walls-Kaufman before jurors began deliberating. U.S. District Judge Ana Reyes said no reasonable juror could conclude that Walls-Kaufman's actions were capable of causing a traumatic brain injury leading to Smith's death.

Reyes divided the trial into two stages: one on the merits of Smith's claims and another on damages. For the damages phase, jurors are expected to hear attorneys' closing arguments Monday.

In the meantime, the judge urged the parties to discuss a possible settlement over the weekend. Reyes said it would be “exceedingly rational” for both sides “to get this behind you” and avoid the time and expense of an appeal.

Erin Smith claimed Walls-Kaufman gave her husband a concussion as they scuffled inside the Capitol. Jeffrey Smith was driving to work for the first time after the Capitol riot when he shot and killed himself with his service weapon.

His widow claims Walls-Kaufman struck her 35-year-old husband in the head with his own police baton inside the Capitol, causing psychological and physical trauma that led to his suicide. Smith had no history of mental health problems before the Jan. 6 riot, but his mood and behavior changed after suffering a concussion, according to his wife and parents.

Walls-Kaufman, who lived near the Capitol, denies assaulting Smith. He says any injuries that the officer suffered on Jan. 6 occurred later in the day, when another rioter threw a pole that struck Smith around his head.

Walls-Kaufman served a 60-day prison sentence after pleading guilty to a Capitol riot-related misdemeanor in January 2023, but he was pardoned in January. On his first day back in the White House, President Donald Trump pardoned, commuted prison sentences or ordered the dismissal of cases for all of the nearly 1,600 people charged in the attack.

Trump's sweeping act of clemency didn’t erase Smith’s lawsuit against Walls-Kaufman.

Erin Smith, the trial’s first witness, recalled packing a lunch for her husband and kissing him as he headed off to work on Jan. 15, 2021, for the first time after the riot.

“I told him I loved him, said I would see him when he got home,” she testified.

Within hours, police officers knocked on her door and informed her that her husband was dead. She was stunned to learn that he shot himself with his service weapon in his own car.

“It was the most traumatic words I’ve ever heard,” she recalled. “You just don’t know what to do.”

Walls-Kaufman’s attorney, Hughie Hunt, urged jurors to “separate emotion” and concentrate on the facts of the case.

“This is tragic, but that doesn’t place anything at the foot of my client,” Hunt said during the trial’s opening statements.

Smith’s body camera captured video of his scuffle with Walls-Kaufman. In his testimony, Walls-Kaufman said he was overcome by “sensory overload” and “mass confusion” as police tried to usher the crowd out of the Capitol.

“I couldn't tell who was pushing who or from what direction,” he said.

The police department medically evaluated Smith and cleared him to return to full duty before he killed himself. Hunt said there is no evidence that his client intentionally struck Smith.

“The claim rests entirely on ambiguous video footage subject to interpretation and lacks corroborating eyewitness testimony,” Hunt wrote in a court filing in the case.

More than 100 law-enforcement officers were injured during the riot. Capitol Police Officer Brian Sicknick collapsed and died a day after engaging with the rioters. A medical examiner later determined he suffered a stroke and died of natural causes. Howard Liebengood, a Capitol police officer who responded to the riot, also died by suicide after the attack.

In 2022, The District of Columbia Police and Firefighters’ Retirement and Relief Board determined that Smith was injured in the line-of-duty and the injury was the “sole and direct cause of his death,” according to the lawsuit.

Thousands of nurses go on strike at several major New York City hospitals

NEW YORK (AP) — Thousands of nurses in three hospital systems in New York City went on strike Monday after negotiations through the weekend failed to yield breakthroughs in their contract disputes.

The strike was taking place at The Mount Sinai Hospital and two of its satellite campuses, with picket lines forming. The other affected hospitals are NewYork-Presbyterian and Montefiore Medical Center in the Bronx.

About 15,000 nurses are involved in the strike, according to New York State Nurses Association.

“After months of bargaining, management refused to make meaningful progress on core issues that nurses have been fighting for: safe staffing for patients, healthcare benefits for nurses, and workplace violence protections,” the union said in a statement issued Monday. “Management at the richest hospitals in New York City are threatening to discontinue or radically cut nurses’ health benefits.”

The strike, which comes during a severe flu season, could potentially force the hospitals to transfer patients, cancel procedures or divert ambulances. It could also put a strain on city hospitals not involved in the contract dispute, as patients avoid the medical centers hit by the strike.

The hospitals involved have been hiring temporary nurses to try and fill the labor gap during the walkout, and said in a statement during negotiations that they would “do whatever is necessary to minimize disruptions.” Montefiore posted a message assuring patients that appointments would be kept.

“NYSNA’s leaders continue to double down on their $3.6 billion in reckless demands, including nearly 40% wage increases, and their troubling proposals like demanding that a nurse not be terminated if found to be compromised by drugs or alcohol while on the job," Montefiore spokesperson Joe Solmonese said Monday after the strike had started. "We remain resolute in our commitment to providing safe and seamless care, regardless of how long the strike may last.”

New York-Presbyterian accused the union of staging a strike to “create disruption,” but said in a statement that it has taken steps to ensure patients receive the care they need.

"We’re ready to keep negotiating a fair and reasonable contract that reflects our respect for our nurses and the critical role they play, and also recognizes the challenging realities of today’s healthcare environment,” the statement said.

The work stoppage is occurring at multiple hospitals simultaneously, but each medical center is negotiating with the union independently. Several other hospitals across the city and in its suburbs reached deals in recent days to avert a possible strike.

The nurses’ demands vary by hospital, but the major issues include staffing levels and workplace safety. The union says hospitals have given nurses unmanageable workloads.

Nurses also want better security measures in the workplace, citing incidents like a an incident last week, when a man with a sharp object barricaded himself in a Brooklyn hospital room and was then killed by police.

The union also wants limitations on hospitals’ use of artificial intelligence.

The nonprofit hospitals involved in the negotiations say they’ve been working to improve staffing levels, but say the union’s demands overall are too costly.

Nurses voted to authorize the strike last month.

Both New York Gov. Kathy Hochul and Mayor Zohran Mamdani had expressed concern about the possibility of the strike. As the strike deadline neared, Mamdani urged both sides to keep negotiating and reach a deal that “both honors our nurses and keeps our hospitals open.”

“Our nurses kept this city alive through its hardest moments. Their value is not negotiable,” Mamdani said.

State Attorney General Letitia James voiced similar support, saying "nurses put their lives on the line every day to keep New Yorkers healthy. They should never be forced to choose between their own safety, their patients’ well-being, and a fair contract.”

The last major nursing strike in the city was only three years ago, in 2023. That work stoppage, at Mount Sinai and Montefiore, was short, lasting three days. It resulted in a deal raising pay 19% over three years at those hospitals.

It also led to promised staffing improvements, though the union and hospitals now disagree about how much progress has been made, or whether the hospitals are retreating from staffing guarantees.