City faces claim in April shooting death

Eron Ben-Yehuda

HUNTINGTON BEACH -- The girlfriend and daughter of a man killed by a

police officer are seeking more than $80 million from the city.

The city has until the end of November to respond to the wrongful death

claim filed earlier this month. The claim will most likely be rejected,

said Karen Foster, the city’s risk manager. The law requires such a claim

be submitted prior to filing a lawsuit, she said.

The claim alleges that on April 22, Officer Aaron Smith panicked and shot

David Blackman at “point-blank range” outside his apartment, even though

he was unarmed and posed no threat.

Police say the 43-year-old man stepped forward and challenged the

officer, who was responding to a domestic violence call.

Huntington Beach Police spokesman Lt. Chuck Thomas would not elaborate on

the shooting, saying it might compromise the city’s defense.

In April, a woman who was baby-sitting at the apartment next door told

reporters she heard the officer shout “stop” twice before the shooting.

While authorities said paramedics immediately arrived at the scene, the

claim contends Blackman was left bleeding to death.

At the time, the claim states, Blackman, a landscaper, was living with

his girlfriend, Desiree Ulmer, and their 5-year-old daughter.

The claim contends the daughter and Ulmer suffer from nightmares due to

the “tragic” and “senseless” killing.

The claim was filed on behalf of the daughter, Ulmer and Blackman’s

estate. Ulmer, who has since moved to another apartment in Huntington

Beach, refused to comment. The attorney representing the Ulmer did not

return phone calls.