Chris Roberts
Attorneys representing the family of Tony Robinson, the 19-year-old man who was shot and killed by Madison police officer Matt Kenny two years ago, argue in a lawsuit against the officer that Kenny cannot be trusted about what happened that night.
“Kenny’s account is not just disputed, but also fundamentally flawed,” attorneys from the Chicago firm of Lovey & Lovey write in court motions.
Challenging Kenny’s account of what happened on March 6, 2015 will be central to the federal lawsuit set to start Feb. 27 before U.S. District Judge James Peterson. The lawsuit contends: “Tony Robinson Jr.’s life was taken through an act of intentional homicide — a violation of [his] constitutional rights — by Madison Police Department Officer Matthew Kenny.”
Just after sunset that evening, emergency calls reported a young man jumping in and out of traffic on Williamson Street and assaulting people. Kenny was dispatched and entered a nearby home looking for the young man. Moments later, Kenny fired seven shots from his handgun, all of the bullets striking an unarmed Robinson.
Kenny later told investigators, as is recounted in court filings, that when he arrived at 1125 Williamson St. “he was faced with a rapidly evolving scenario, which led him to believe Robinson was assaulting [someone] in the upstairs unit. Kenny responded in an effort to help, but was confronted in the stairwell by Robinson in an aggressive state. Robinson punched Kenny in the head, leading to a concussion, and continued to repeatedly swing at Kenny. Kenny, fearful that he would lose consciousness and be disarmed, fatally shot Robinson in an effort to protect himself.”
But the plaintiffs argue Kenny’s account is disputed by both dashcam video from his squad car and forensic evidence.
“Kenny’s account is blatantly contradicted by the synchronized video, which shows him coming out the stairwell during shot two of the first string of three shots,” the firm argues. “He did not begin shooting at the top of the stairs; it was exactly the opposite.”
The team argues that because of the trajectory of the bullet wounds, Kenny could not have been at the top of the stairs and in close contact with Robinson when he began shooting.
“Kenny did not face an in imminent threat and was not justified in shooting at Tony Robinson,” they conclude.
City attorneys, meanwhile, argue that Kenny — who remains on the force — followed department training and procedure, and had a reasonable fear for his safety.
The lawsuit is being brought on behalf of Robinson’s estate by his mother, Andrea Irwin. It seeks unspecified compensatory and punitive damages for her son’s killing, as well as attorney fees. Irwin’s lawyers decline to say how much they will ask the jury for at the end of the trial.
Anand Swaminathan of Lovey & Lovey would not comment to Isthmus about the case, saying: “We’d refer you to our recent court filings for what we believe the evidence shows about what really happened that night.”
Irwin told Isthmus last year that the lawsuit is an attempt to prove her son was unjustly killed. “It gives me hope that we can get some form of accountability and justice out of what’s happened,” she said. “My son deserves that.”
The lawsuit contends that Kenny violated Robinson’s Fourth Amendment rights to be protected against unreasonable searches and seizures, and his 14th Amendment rights, which prohibits depriving any person of life, liberty or property without due process of law.
The plaintiffs argued the city is complacent in allowing unjustified shootings and has created an atmosphere where the officers who shoot suspects are never disciplined or retrained. However, on Feb. 13, Judge Peterson removed the city from the lawsuit, saying the plaintiff "has not adduced evidence to show that Robinson died because the city turned a blind eye to obvious problems with the police department’s investigation or response to officer-involved shootings."
In its defense of the killing, lawyers for the city argue that Kenny had been well trained to deal with these types of situations and that he was justified in using deadly force based on the circumstances.
Deputy city attorney Patricia Lauten declined to comment, referring Isthmus to the city’s summary judgment filings. The city is working with the law firm of Boardman & Clark, which was hired by the city’s insurance agent, Wisconsin Municipal Mutual Insurance Company. Kenny is represented by the Crivello Carlson law firm, also hired by the insurance company.
The defense motions note that photos taken after the incident show Kenny suffered head injuries, corroborating the officer’s account that Robinson attacked him. They point out that Kenny believed a victim was in the apartment.
“Robinson charged, attacked, and engaged in an active physical struggle with a police officer,” a city motion states. “Kenny reasonably believed that his life was in danger and that a potential victim of Robinson’s actions remained in [the apartment] and was in imminent danger should Robinson render Kenny unable to assist.”
A main part of the city’s defense involves the precedent of giving police officers wide latitude in determining what constitutes an imminent threat of “death or serious bodily injury,” the standard for when deadly force is justified.
In particular, the city notes a 1988 federal case, Sherrod v. Berry, involving an Illinois police officer who killed an unarmed man in 1979. The court found the killing was justified based on what the officer knew at the time.
Madison attorneys cite this ruling: “It is not necessary that the danger which gave rise to the belief [that death or serious bodily injury was imminent] actually existed; it is sufficient that the person...reasonably believed in the existence of such a danger, and such reasonable belief is sufficient even where it is mistaken. In forming such reasonable belief a person may act upon appearances.”
The trial is scheduled to conclude March 3, three days before the anniversary of Robinson’s death.
This article has been corrected to note that the city of Madison has been dismissed as a co-defendant in the lawsuit against Kenny.
