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Judge orders father of Donovon Lynch to clarify legal representation in wrongful death lawsuit

This short-notice hearing came weeks after former Lt. Governor Justin Fairfax stepped into the role as trial attorney.

NORFOLK, Va. — A judge ordered the father of 25-year-old Donovon Lynch -- who was shot and killed in 2021 by a Virginia Beach police officer -- to Norfolk's federal courthouse on Monday to clarify his legal representation moving forward.

Weeks ago, 13News Now reported former Lieutenant Governor Justin Fairfax was named the lead attorney in the case involving the night of March 26, 2021, when VBPD officer Solomon Simmons shot Lynch in a night of chaos and confusion at the Oceanfront. 

A judge called the hearing Monday after email correspondence submitted to the court showed exchanges from Lynch family attorney Jeff Reichert, including one document dated the morning of 10/31 sent to attorneys Fairfax and Thomas Martin, which stated Wayne Lynch terminated the retainer agreement last Wednesday. 

That document, directed at Fairfax and Martin, goes to say:

"Your actions since you became trial counsel for the Estate have been reckless, fraudulent, intentional and have caused the Estate and the Lynch family great financial and emotional stress."

A judge reiterated in the courtroom that Fairfax and Martin make up the counsel of record, meaning they are the only representative attorneys in the specific trail against the City of Virginia Beach and Officer Simmons. 

In the courtroom, Fairfax said Reichert inquired to be added "pro hac vice" to the case, which means being added to a case in which that attorney may not have prior jurisdiction in. 

Fairfax and attorneys representing both Officer Simmons and the City of Virginia Beach raised concerns about Reichert's request, specifically his connection to other witnesses in the trial moving forward. 

After an hours-long meeting following the hearing, Fairfax stood alongside Reichert and Wayne Lynch outside the federal courthouse and said legal responsibilities had not changed, and he was still the trial attorney while Reichert was the family attorney. 

"We are okay now, and we were okay then. And you haven’t seen a lot of those documents in this case. Mr. Lynch, are you satisfied?" he asked.

"Yes, I’m satisfied. It’s been a rough go, but I’m satisfied," Lynch replied. 

A judge noted that repeated requests to possibly change legal representation could impact the prosecution's own ability to gather facts and evidence for the case.

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