Council Agrees to Settle Suit by Crippled Suspect for $575,000

The Los Angeles City Council on Tuesday approved a $575,000 settlement for a robbery suspect who was left paralyzed and confined to a wheelchair after being accidentally shot by a police officer while trying to surrender.

The settlement, payable upon Mayor Tom Bradley’s approval, would settle a lawsuit filed by Phillip H. Holt, 27, of Watts who was left crippled by a 1980 shooting in Beverly Hills.

According to a city attorney’s report, Holt and a companion had just robbed a couple at gunpoint in Hollywood and were fleeing in a stolen sports car when they were spotted by Los Angeles Police Department officers.

The officers were unaware of the robbery and the stolen car but followed the vehicle after noticing that its front license plate was missing. Apparently thinking that the police were in pursuit because of the robbery, Holt sped away and a high-speed chase ensued that ended in Beverly Hills.

Police Sgt. Willie L. Pannell, who had joined the pursuit in another police car, stopped Holt with the help of another police unit. The city attorney’s report said that Pannell approached Holt’s car with his revolver drawn and ordered the suspect out of the car. When Holt did not comply immediately, Pannell thought that Holt, who had his hands up, might be afraid to open the door because it could give the appearance of reaching for a weapon.

Shifting his revolver to his other hand, Pannell tried the door himself. When the door suddenly opened, the officer lost his balance, accidentally squeezing the trigger and firing a shot into Holt’s chest.

The bullet lodged against Holt’s spinal cord and he was paralyzed from the chest down. A police review board found the shooting “accidental, yet out of policy,” and the city attorney’s office recommended a settlement after Holt sued the city for $1.5 million. In an 11-2 vote--with Councilmen Hal Bernson and Joel Wachs in opposition--the council approved the $575,000 settlement. Mayor Bradley, who must still review the settlement, was out of town Tuesday.

But attorney Hugh Manes, who represents Holt, said he and his client were delighted with the action and were hopeful that the mayor would agree to the settlement.

‘He More Than Paid’

“The fellow is confined to a wheelchair and is a paraplegic, and that is not a punishment that is authorized by law,” Manes said. “He did his time. He went to prison for the crimes that he committed. They were wrong, and he more than paid his price.”

Holt pleaded guilty to armed robbery and was sentenced to one year in prison.

After his release, and while confined to a wheelchair, Holt was convicted of using a knife in 1984 to rob a woman in a parking lot. But Manes said those incidents should not detract from his need for the settlement award.

“Although it is a large sum, the award actually covers less than the anticipated medical and rehabilitation expenses he’ll need during his lifetime,” Manes said.