By Brad Kellar
Journal Staff
A wrongful death suit filed by the family of a slain Commerce code enforcement officer may be headed to federal court.
A “notice of removal” was filed in the case with the 354th District Court Tuesday. It was not immediately clear whether the plaintiffs or the defendants had made the filing. Judge Richard A. Beacom said he had not seen the motion as of Wednesday evening.
“If a notice of removal has been filed, it is stayed here until the federal court decides it wants to hear it, or sends it back to me,” Beacom said.
The City of Commerce has denied all allegations in the suit and has also claimed sovereign immunity from liability. The suit was filed last month on behalf of Donavan Wayne and Marissa Elizabeth Walker, the surviving children of Michael “Pee Wee” Walker.
Adam Ward received the death penalty following his conviction on a charge of capital murder in connection with Michael Walker’s shooting death on June 13, 2005. Walker was taking photos of code violations at the home where the Wards lived on Caddo Street when he and Adam Ward had an altercation which ended with Walker being shot multiple times.
The lawsuit alleged City of Commerce officials knew Adam Ward possessed a gun and had used it to threaten neighbors on previous occasions.
The city was also alleged in the suit during the 10 years leading up to the shooting to have frequently threatened Ralph Ward, Adam Ward’s father, with action concerning reported code violations at the residence, with the regulations never being enforced.
The suit seeks unspecified amounts of actual and exemplary damages.
In response, the attorneys for the City of Commerce have argued that the children of Walker are already receiving workers’ compensation benefits, which are the exclusive remedy against the city concerning Walker’s death.
The response included a general denial of all allegations raised in the suit and also argued that under state law the City of Commerce is immune from suit and any liability unless the State of Texas otherwise allows it.
Local News
Wrongful death suit moved to federal court
- Local News
-
-
Best Super Bowl ad? Vote for your favorite
Naked M&Ms, an out-of-shape dog on a mission and Clint Eastwood delivering a passionate speech about American adversity -- these are among the favorite commercials that aired during Sunday's Super Bowl.
-
Skatepark project to enter planning phase
With $15,000 in the bank and two large grant proposals under consideration, the Commerce Parks Foundation is getting ready to enter the beginning stages of building the Commerce skatepark. While the foundation still has a long way to go before they can break ground on the project, donations of money, services and supplies from local companies and organizations like Atmos Energy, the Commerce Lions Club and Hayter Engineering have them on the right track, according to Commerce Parks Foundation President Barbara Lenington.
-
Commerce Community Plaza sanctioned by Mexican consulate general of Dallas
Hispanic and local community leaders met Monday night to celebrate the opening of the Commerce Community Plaza at the A.C. Williams Elementary School. Officials from the Commerce Independent School District, Texas A&M University-Commerce, the Mexican Consulate in Dallas, L.U.L.A.C were present at the event, which featured a ribbon-cutting, a salsa and enchilada cook-off and a performance by the Fusion Dance Group from A&M-Commerce.
-
Bonham Street receives historical district designation
Bonham Street has been a unique street in Commerce for decades, and now the historical area is finally getting the recognition, and hopefully the face lift, it deserves. The Commerce City Council has designated Bonham Street as a historical district, thanks to the efforts of the Bonham Street Association, and as soon as a design is finished, signage relating that information will be erected along the street. It’s clear just by driving down the street that a lot has happened on Bonham, and the street is special to residents who have lived there since the early 60’s and newcomers who fell in love with the street.
-
No action taken by city council regarding Throgmorton bankruptcy
No action was taken by the Commerce City Council meeting Tuesday night following an executive session to discuss Mayor Quay Throgmorton and his wife’s recent bankruptcy filing.
-
Warrant issued for former A&M-Commerce student
A warrant has been issued for the arrest of a former Texas A&M University-Commerce student in relation to a stabbing incident that occurred on Jan. 6. Jerald Manuel has been charged with burglary with intent to commit assault, a second-degree felony in the state of Texas. If convicted, Manuel would face between two and 20 years in jail and up to a $10,000 fine.
-
Brick veneer crumbles off of Whitley Hall
Dozens of bricks fell from Whitley Hall’s 12th floor cooling tower Sunday night, prompting university officials to temporarily shut down both entrances to the building. No one was injured in the incident. At approximately 8:30 p.m. Sunday night, students were advised via the university’s IRIS alert system to avoid the building, and at 11 p.m. they were allowed back into the building, but only through the north entrance. The south side entrance to the 12-story residence hall remains closed.
-
Jasmine Sanford prepares to run for gold
Most college graduates are happy to simply celebrate their educational and athletic accomplishments after working hard for four or more years, but Jasmine Sanford will be taking on the hardest challenge of her life: qualifying for the 2012 Summer Olympic Games.
-
Two involved in stabbing on A&M-Commerce campus
A domestic disturbance at the New Pride residence hall on the campus of Texas A&M University-Commerce Friday afternoon resulted in violence and a hospital visit.
-
College Corner Cafe provides a taste of Austin in small town Texas
Step into the College Corner Cafe, a recently-opened restaurant located at Lee and Mayo Street, and the first thing you’ll notice is the music memorabilia. There are hundreds of pieces guitars, pictures, album covers and more- framed and hung on almost every square inch of space in the restaurant.
- More Local News Headlines
-
Blast Kills Husband of Missing Utah Mom, 2 Boys
Obama: US, Israel Will Work Against Iran Nukes
NJ Museum Finds 19th Century Recording
Snow Causes Disruptions in Much of Europe
Clinton: Vetoed U.N. Syria Resolution 'travesty'
Romney Picks Up Decisive Win in Nevada Caucuses
Gingrich Renews Vow to Campaign Until Convention
Romney Rolls to Easy Win in Nevada GOP Caucuses
Raw Video: Missing Family Found Alive in Ore.
Police Clear Tents From Occupy Site in DC
Killer of Fla. Girl Found in Landfill Gets Life
Army Orders Bradley Manning Court-martial
Cancer Charity Revives Breast-screening Grants
Heavy Snowstorm Hits Colorado On Its Way East
2nd Teacher From LA School Arrested on Sex Claim
Prosecutors Close Armstrong Inquiry, No Charges
Sights and Sounds: Football Fans Pour Into Indy
Unemployment Rate Down to 8.3%
Fla. Man Adopts Girlfriend in Legal Battle
Raw Video: Prince William in Falklands
