City settles suit with
slain victims’ relatives

The family claimed that police
failed to enforce a restraining order

By Linda Hosek
Star-Bulletin

A lawsuit alleging that police failed to adequately enforce a restraining order against a man who shot his former girlfriend to death in 1995 has been settled.

David Louie, who represented the city's insurance company, yesterday described the settlement as fair, but said its terms were confidential, including whether either side agreed on a monetary award.

It was reached midway through jury selection with relatives of the victims, Marcie Llacuna and her mother, Patricia Avergonzado.

They were shot by Llacuna's former boyfriend, John Lewis, who also killed himself.

Llacuna had obtained a restraining order against Lewis.

Louie said the city argued that police officers acted reasonably and were not at fault in the incident in Village Park on Dec. 5, 1995.

"We're pleased with it," he added. "We did not feel that we were liable."

Richard Hoke, who represented the relatives, could not be reached for comment.

He had said the relatives had asked for money to compensate in part for the loss of a parent. Llacuna had a 5-month-old son, who was with her when she was shot.

Hoke also said police now enforce restraining orders and go to the scene. He said in the incident Llacuna called police, but that officers didn't act on the restraining order.

Llacuna's relatives filed the suit against the City and County of Honolulu, alleging that the city was negligent for failing to protect Llacuna and Avergonzado.

Chris Parsons, first deputy for the city's corporation counsel, said the city turned the suit over to its insurance company, Insurance Company of the West, which hired Louie.

He said about six years ago the city purchased insurance for "errors and omissions" in an effort to avoid unnecessary costs.

"We believed the allegations of the plaintiffs, if true, came under that," he said.

Parsons said the city was prepared to defend the allegation that the city had no definite policy on enforcing restraining orders. Opening statements had been scheduled for yesterday in the case before Circuit Judge Marie Milks.