Coming to court this week, a police officer's widow wanted to prove that a man assaulted her husband during a mob's attack on the U.S. Capitol and ultimately was responsible for the officer's suicide nine days later. A jury's verdict Friday amounted to only a partial victory for Erin Smith in a lawsuit over her husband's death.
The eight-member jury held a 69-year-old chiropractor, David Walls-Kaufman , liable for assaulting Metropolitan Police Officer Jeffrey Smith inside the Capitol on Jan. 6, 2021. They will hear more trial testimony before deciding whether to award Erin Smith any monetary damages over her husband's assault.
But the judge presiding over the civil trial dismissed Erin Smith's wrongful-death claim against Walls-Kaufman before jurors began deliberating. U.S. District Judge Ana Reyes said no reasonable juror could conclude that Walls-Kaufman's actions were capable of causing a traumatic brain injury leading to Smith's death.
Reyes divided the trial into two stages: one on the merits of Smith's claims and another on damages. For the damages phase, jurors are expected to hear attorneys' closing arguments Monday.
In the meantime, the judge urged the parties to discuss a possible settlement over the weekend. Reyes said it would be "exceedingly rational" for both sides "to get this behind you" and avoid the time and expense of an appeal.