LYNN — The City of Lynn has paid $1.2 million to the widow of a man fatally shot by Lynn Police in 2015, as part of a legal settlement, according to City Solicitor George Markopoulos.
Rafael Suazo, 23, of Boston, was killed after he was shot in the head by Lynn Police Det. Stephen Emery on July 13, 2015. The officer had been working undercover during a drug investigation.
The Essex County District Attorney’s office ultimately determined the police-involved shooting was justified, which cleared Emery of criminal liability.
However, Suazo’s widow, Gabriela Suazo, also known as Gabriela Paling, filed a wrongful death civil lawsuit in February 2018, seeking unspecified damages for what the suit claimed was an “unwarranted, unlawful and unreasonable” shooting of an unarmed man.
The city’s payment, which the City Council authorized the Law Department to make to Paling by means of a free cash transfer last week, was court-ordered following a settlement agreement between the two parties.
Markopoulos said he was “very pleased” with the settlement, as he thought the case was a complex one with many facets. Although he said he thought the agreement was the best option, he noted it should not be perceived as an admission of guilt.
“This settlement is not and should not be construed as any admission of liability,” said Markopoulos. “Neither the City of Lynn nor the Lynn Police Department nor Officer Emery have made any admissions of liability.”
The agreement was reached in U.S. District Court earlier this month after two years of court proceedings that cost the city between $40,000-$45,000, which culminated in an entire day of mediation with a federal judge. The city had 45 days to make its one-time payment, which it has done, said Markopoulos.
Clyde Bergstresser, an attorney with the Boston-based law firm Bergstresser & Pollock, which filed the lawsuit on behalf of Paling, said the settlement payment should ease his client’s burden.
“Rafael was 23 years old (and) married with two young children,” said Bergstresser. “No amount of money will bring him back. We believe that this substantial settlement is in the best interest of our client Gabriela Paling so that she and her children can get on with their lives.”
An investigation from the DA’s office determined that Emery, who was working undercover near Grant Street and suspected Suazo of dealing drugs, acted in self-defense when he fired a shot at Suazo and bears no criminal responsibility.
Authorities said the officer fired at Suazo because he “purposefully accelerated” his car and drove straight at Emery. Suazo died after he was struck in the head by a bullet that went through his windshield.
However, the lawsuit claims Emery used “unreasonable and excessive force” on a man who was suspected of a simple non-violent drug transaction, and that the officer was “not at risk of deadly force” from Suazo’s vehicle at the time of the shooting.
