Two women’s deaths
to cost city $500,000

By Pat Omandam
Star-Bulletin

The city will pay a $500,000 settlement to a family that claimed Honolulu police failed to adequately enforce a restraining order against a man who shot to death his former girlfriend and her mother in 1995.

The amount of the settlement was originally deemed confidential, but was later released after the city realized not doing so would have violated the state's open-records law.

Attorney David Louie, hired by the city's insurance company to represent the city in the John Lewis case, confirmed today that the Insurance Company of the West will pay $500,000 to the family of victims Marcie Llacuna, 24, and her mother, Patricia Avergonzado, 65.

The two were shot by Lewis on Dec. 5, 1995, at Avergonzado's Village Park home before Lewis killed himself.

In October 1996, Llacuna's brothers, Ben and John, filed a Circuit Court lawsuit against police and the city prosecutor's office alleging that the city was negligent for failing to protect the women.

They claimed the two would be alive today if the city had taken proper action against Lewis, who had violated a temporary restraining order when he appeared at Avergonzado's home.

Avergonzado's husband, Evaristo, filed a similar lawsuit that same week.

The city had maintained police officers acted reasonably and were not at fault in the Waipahu incident.

Both parties reached an out-of-court settlement on both cases on May 28, midway through jury selection before Circuit Judge Marie Milks.

Louie said the $500,000 settlement covers both lawsuits and that no additional money will be paid to the family.

Chris Parsons, the city's first deputy corporation counsel, said today the insurance company did not realize any settlement it reaches for the city must be made public under the state Sunshine Law.

Parsons explained the lawsuit was among the first the city turned over to its insurance company to handle, under a move it started six or seven years ago to avoid unnecessary costs. The problem came when the company's lawyers agreed with the plaintiffs to keep the settlement amount confidential.

Once the corporation counsel learned of the confidentiality clause, it sought to release the settlement figure, despite efforts by the plaintiff to keep it secret, Parsons said.

Later, Milks called both sides into her chambers and told them the amount should be released once the settlement document is approved by the Probate Court, which it was a few weeks ago, he said.

Parsons said the document is still being signed and should be available in a few weeks.