In August of 2014, 38-year-old COPS soundman Bryce Dion showed up to a robbery at a Wendy’s near 43rd and Dodge Streets with Omaha Police Officers.
"The witnesses described hearing the suspect’s hand gun being fired and the slide recoil with the shots,” said Police Chief Todd Schmaderer.
Police Chief Todd Schmaderer says the suspect Cortez Washington started firing his gun at police. It was later discovered that Washington had an airsoft gun. Officers fired back, killing Washington and accidently striking and killing Dion, who was in the restaurant’s vestibule.
“I don't think Bryce Dion signed up for the risk of being shot by a police officer,” said Dave Domina.
Omaha Attorney Dave Domina says Langley Productions, the producers of the TV show "COPS" were invited by the Omaha Police Department. He says the law makes police officers bear a special responsibility to invitees and they owe them protection.
“The assignment was travel with us, film with us, hopefully get some coverage that is complimentary to the department and the Omaha Police Officers and use it on your program,” said Domina.
On behalf of the Dion family, Domina has filed a wrongful death lawsuit against the City of Omaha. In the suit the family asks for general damages and $15,000 in special damages, including funeral costs.
Domina says this isn’t about money; it’s about Dion’s death counting for something.
“This is not a case that is driven by anger, it's driven by intense sadness,” said Domina.
In his claim, Domina states multiple acts of negligence by the Omaha Police Department including the department not providing adequate training, supervision or protection to Dion and his crew.
“I think we were a little bit surprised, but it wasn’t unexpected,” said City Attorney Paul Kratz.
City Attorney Paul Kratz says as of Thursday afternoon they had not been served, but knew about the suit.
“We don’t believe we are liable, so we plan on vigorously defending the case,” said Kratz.
Domina says the city now has 30 days to respond to the lawsuit.
Last year, OSHA did an extensive investigation into Dion’s death. OSHA couldn’t establish all the criteria needed to issue a citation, but they did identify work place hazards.
OSHA sent Langley Productions a hazard alert outlining six recommendations. One of which involved instructing and training employees on how to properly wear the bullet proof vest the company provides.
A grand jury investigation was launched following Cortez Washington and Bryce Dion's deaths.
Three officers fired their weapons multiple times. In March of 2015, a grand jury cleared Detective Darren Cunningham, Officer Brooks Riley and Officer Jason Wilhelm of any wrongdoing.
Lastly, in an agreement written between Langley Productions and the City of Omaha, Langley Productions agreed they would not hold the city responsible for employees killed or injured while taping the show in Omaha. In return, the Omaha Police Department agreed to give "COPS" crews access to officers.
