Chesapeake VA Feb 29 2020
The family of a Chesapeake man shot and killed by a neighborhood security guard have agreed to a $1.5 million settlement of a wrongful death lawsuit they filed against the shooter, his employer and the neighborhood’s community association.
The agreement was signed Thursday by a Virginia Beach Circuit Court judge, with the family of Jiansheng Chen watching from their seats in the courtroom. The money will go to Chen’s wife and their two adult children.
The settlement requires that the majority of the funds — $1.35 million — be paid by the security guard, Johnathan Cromwell, and his employer, Citywide Protection Services.
The remaining $150,000 is to be provided by the River Walk Community Association, which had a contract with Citywide to provide unarmed guards to patrol the neighborhood and report suspicious activity.
Although the defendants agreed to the terms, they continue to deny any liability in the incident, the agreement said.
The shooting occurred Jan. 26, 2017, near the River Walk community clubhouse.
Chen’s family has said he was out that night playing Pokemon Go on his cell phone. The augmented reality mobile game, which was particularly popular then, sends players to different locations to try to catch virtual Pokemon with their phones.
Cromwell, then 21, confronted the 60-year-old man after he pulled his minivan into a driveway leading to the clubhouse’s parking area. He fired into the van 10 times, with five of the shots striking Chen in the chest and arm.
Cromwell testified at his trial last year that he fired his 9 mm pistol in self defense after Chen drove toward him. But prosecutors argued that evidence at the scene, which included broken glass from the vehicle’s windows that had fallen around it, showed that the van was not moving. A jury convicted Cromwell of second-degree murder and illegal use of a firearm and recommended a sentence of 30 years in prison, which a judge imposed.
The lawsuit, which was filed before the criminal trial began, said Cromwell had previously brandished his gun at residents and guests in the River Walk neighborhood, and that his excessive use of force had led a previous employer to fire him.
The Virginia Pilot
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