VIRGINIA BEACH, Va. — Virginia Beach Mayor Bobby Dyer believes the city can still move past the deadly police shooting of 25-year-old Donovon Lynch.
In a surprise development Tuesday, Wayne Lynch — the father of Donovon — announced he doesn't consider the settlement in the wrongful death lawsuit over his son's death to be finalized. He terminated the contract for case attorney and former Virginia Lt. Gov Justin Fairfax.
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The lawsuit came after a Virginia Beach police officer shot and killed Donovon at the Oceanfront in March 2021 during a night of chaos.
Dyer said on Wednesday he only recently learned of the development, which came two weeks after a joint statement from all parties acknowledged the settlement agreement totaling $3 million.
Other City Council members told 13News Now they were not immediately made aware of the details behind the update, either.
When asked whether the city considered the settlement completed or if it'd be willing to renegotiate, Dyer said he'll leave that to the city attorneys who have been litigating the case.
“That’s between the attorneys and everything," Dyer said. "I think we want to do what’s right. We want this to be resolved, and move on.”
Lynch's announcement comes as a reversal in what appeared to have been a resolved matter. Fairfax and Lynch stood together outside the federal courthouse in Norfolk in mid-December to celebrate what seemed to be the conclusion of the high-profile case.
But in a joint motion filed on behalf of the case attorneys on both sides, Fairfax wrote that Jeff Reichert — who's been identified as the lawyer for the Lynch estate — interfered with the completion of the settlement by telling Wayne not to sign the agreement.
The case attorneys — including Wayne — signed a Memorandum of Understanding that stated the monetary amount to be paid, that Wayne would release all claims against the city and the officer who killed his son, and that he would be "bound" by the terms of the agreement.
13News Now legal analyst Edwin Booth said one question the judge will have to weigh is whether the signed MOU is different from the full settlement agreement.
“The mere fact the court has to conduct a hearing, there could be a determination the agreement is not enforceable," Booth said. "But when you sign a document, and parties intend to be bound by terms, that goes a long way.”
Booth added that termination of legal counsel is normally not done at this stage of the legal process.
“A decision to replace that attorney could be made. But having said that, that normally happens before the case is completely concluded except for paperwork.”