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2 law firms to sue over Kylen English death

Attorney Willie E. Gary, center, announced a civil law suit against the City of Dayton Police Department in the death of Kylen English. Gary was flanked by his law partner Lorenzo Williams, left, and local attorney James R. Greene, III, right. Members of English's family, including his mother Rachel Shaw and father Bobby English were present at the press conference.

Ty Greenlees/Ty Greenlees Attorney Willie E. Gary, center, announced a civil law suit against the City of Dayton Police Department in the death of Kylen English. Gary was flanked by his law partner Lorenzo Williams, left, and local attorney James R. Greene, III, right. Members of English's family, including his mother Rachel Shaw and father Bobby English were present at the press conference.

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By Kelli Wynn, Staff Writer Updated 12:04 AM Tuesday, October 25, 2011

DAYTON — A Florida attorney said Monday said his firm and a local firm plan to sue the Dayton Police Department for the death of Kylen English in July.

Willie E. Gary, of the law firm Gary, Williams, Finney, Lewis, Watson and Sperando, P.L., said English’s death was a “grave injustice” that had racial overtones. Gary said the multimillion-dollar lawsuit will name as defendants the Dayton Police Department and others the law firm believes are responsible for English’s death.

Gary, who promotes himself as a leading personal injury attorney who has obtained numerous large judgments for his clients, made the announcement Monday at a press conference at the Dayton law firm of James R. Greene III & Associates.

Gary was joined by members of English’s family and local civil rights activist the Rev. Jerome McCorry. Gary did not say exactly when he will file the lawsuit. Nor did he identify potential co-defendants.

“We’re here to investigate and leave no stones unturned. It’s judgment time. It’s judgment day,” Gary said.

English, 20, was in the custody of Dayton police and being transported to the Montgomery County Jail around 9:38 p.m. on July 16 when he broke the rear door window of Officer Alex Magill’s cruiser, exited the car and jumped off the bridge, falling 30 feet. English was pronounced dead at 10:21 p.m. at Miami Valley Hospital.

His death sparked public protests from relatives, friends and some in the community who questioned the police account of what happened.

Gary, who was contacted by Greene about the case, also questions the police account of what happened.

“He was compromised big time,” Gary said of surveillance video of English at the Montgomery County Jail that was released to the public. “You could tell from his walk, his limp, he just didn’t have all of his physical capacities.

“It doesn’t make sense,” Gary added. “The interesting part is, if he took a beating or took some abuse while he was in the (jail) room, that’s not evident by way of the video. So what happened?”

Gary also questioned the idea that English was suicidal and wondered if that were true, why wasn’t English left at the hospital for observation.

Magill transported English to Grandview Hospital after English banged his head on the jail wall and jail officials refused to admit him due to possible injuries, according to the Dayton police account of what happened to English prior to his death.

“I know Kylen. Kylen wouldn’t take his life,” said Kylen’s father, Bobby English. Kylen was a “happy child,” he said.

Rachel Shaw, English’s mother, said her son was robbed of his life. “I just want answers. I want the facts,” she said. Bobby English said, “Someone caused his death. We just have to find out who.”

Dayton Police Maj. Robert Chabali said English’s relatives “are within their rights to (seek legal counsel).” But Magill “acted professional in a very difficult situation.” Chabali is acting police chief while Chief Richard Biehl is out of town attending a conference.

Lt. Randy Beane, president of the Dayton Fraternal Order of Police, called the situation “tragic” and the possible lawsuit “frivolous.”

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