Excessive force claim filed against Tacoma police for fatal shooting of Bennie Branch
The family of a man fatally shot by Tacoma police during a traffic stop is suing the city for more than $1 million.
A claim alleging excessive deadly force was filed Monday in U.S. District Court on behalf of 24-year-old Bennie Branch and his mother, Brendelin Branch.
She was present when officer Ryan Bradley shot Branch multiple times after a struggle.
The law requires a claim for damages be filed 60 days prior to a lawsuit.
“More than anything, this mother that watched this happen in front of her eyes wants accountability,” said Crystal Lloyd of Herrmann Law Group, one of four attorneys representing Branch. “She wants answers. And 10 months later, she is nowhere closer to getting any kind of resolution on that end.”
Branch died Sept. 8 after police stopped his vehicle in the 3400 block of Portland Avenue about 2:40 a.m.
His mother was living in her car at the time and Branch went to check on her, family members have said.
While there, he allegedly spoke with several acquaintances who were in another car in the area.
It was that car police stopped.
As officers began questioning Branch’s acquaintances, Lloyd said he returned to his mother’s car.
An officer followed and asked Branch to get out of the vehicle.
“Somehow, there was a scuffle,” Lloyd said.
The Pierce County Sheriff’s Department, which investigated the death, has not released details about what prompted the scuffle.
Investigators said Branch had warrants out for his arrest and was carrying an Airsoft gun.
Branch’s mother said officers brushed or kicked the weapon away from Branch during the struggle and he was not armed at the time he was shot.
“After being tased twice, Bennie broke loose from this scuffle and started running away, at which point he was shot multiple times in his arms and his back,” Lloyd said.
The Sheriff’s Department turned its investigation into Branch’s death over to the Prosecutor’s Office in February.
A spokesman for the Prosecutor’s Office said Tuesday the case is under review, and there is no timeline for when prosecutors will make a charging decision.
Bradly, the officer who shot Branch, was placed on paid administrative duty during the investigation but has since returned to duty.
Tacoma police spokeswoman Wendy Haddow said she could not comment on the claim since she hadn’t seen it and wouldn’t be able to comment on pending litigation.
More than 5,550 people have signed a petition on Change.org demanding the officer be charged in Branch’s death.
Also representing Brendelin Branch are Lara Herrmann of the Herrmann Law Group; California civil rights attorney Dale Galipo; and Ben Crump, who is representing the families of George Floyd in Minnesota and Ahmaud Arbery in Georgia.
Floyd and Arbery are black men killed in recent months, and their deaths sparked nationwide protests.
In a news release announcing the claim in Branch’s death, attorneys noted there have been three men killed by police in Pierce County in less than a year.
Manuel Ellis died March 3 while being restrained by Tacoma police. The Pierce County Medical Examiner’s Office determined that he died of oxygen deprivation due to physical restraint.
Lakewood police fatally shot Said Joquin May 1 during a traffic stop. Investigators said an officer opened fire on Joquin after spotting a gun in the car and seeing Joquin begin to lower his hands.
The Washington State Attorney General’s Office is reviewing the deaths of Ellis and Joquin, along with 28 others, as part of a statewide inquiry into whether law enforcement is complying with a new law that requires independent investigations.
Because Branch was killed before the law went into effect Jan. 6, his death will not be reviewed by state officials.
This story was originally published June 30, 2020 at 4:43 PM.
