Vallejo man, 19, cites arrest injuries

By Donna Beth Weilenman
Staff Reporter

RICHARD LINDSEY. Courtesy Benicia Police Department

A 19-year-old Vallejo man who has been charged in connection with the 2008 murder of a Hogan High School student after a party at the Benicia National Guard Armory has filed a civil suit against Benicia, claiming permanent injuries were inflicted on him during his arrest.

Richard Lindsey contends that when he was arrested at his home on in June 2009 in connection with the murder of 17-year-old Mark Anthony Harris in February 2008, he was fired upon several times, permanently damaging his left arm, shoulder, hand, and right leg. Lindsey also said he suffers post-traumatic stress syndrome, severe anxiety and emotional distress.

His mother, Charlene Jimerson, also has filed suit against the city, saying witnessing her son being shot several times has caused her severe anxiety, fear and emotional distress. Each is seeking unspecified damages in excess of $25,000.

City Attorney Heather McLaughlin has recommended the City Council deny both claims and refer them to the city’s insurance carrier Tuesday during the Council’s regular meeting. A spokesman in the city attorney’s office said Lindsey was shot during his arrest, but not by Benicia police. McLaughlin has recommended the city deny several other claims today, too.

Lindsey, the accused getaway driver, has been charged with murder, threatening police officers and brandishing an imitation firearm at police in connection with Harris’s murder and Lindsey’s subsequent arrest.

Harris was killed Feb. 23, 2008, at the conclusion of an 18th birthday party at the National Guard building. The party had been promoted through the Internet and was attended by 300 youths and some adult chaperones.

Benicia police were called to the armory’s parking lot about 11 p.m. following reports of gunshots. They asked the Solano County Sheriff’s Department, Vallejo police and Martinez police to help shut down the party. Meanwhile, someone reported hearing more gunfire, and police found Harris on El Bonito Avenue with a gunshot wound to his upper torso.

Harris was taken to Kaiser Hospital, Vallejo, where he died.

After a lengthy investigation, Benicia police Detective Kenny Hart obtained no-bail murder warrants for Lindsey and Kalasa Isumu, now 20, also of Vallejo. Isumu was arrested without incident June 10, 2009, and charged with murder, assault with a deadly weapon and robbery.

When law officers went to arrest Lindsey, police said he initially seemed ready to surrender, but then pulled and brandished a replica firearm.

McLaughlin also has recommend the Council reject a claim by Stephanie Webb after her vehicle was damaged on Oxford Drive Dec. 2 when she hit a trench that had no warning sign or flag person.

The city attorney is recommending the Council likewise reject a claim by John Potter, who said his home on West K St. was flooded April 8, 2009, when storm drains were clogged during heavy rains; and a claim by Valerie Bobetsky, who said an unusual but unspecified event at the city’s water treatment plant in January 2009 contaminated the water at her home on Oxford Way, staining her utility sink and hot tub, and clogging her filters.

The Council meets at 7 Tuesday night at City Hall, 250 East L St.

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