Wrongful death suit moved to federal court

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December 18, 2009

Anonymous The Commerce Journal Fri Dec 18, 2009, 12:51 PM CST

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.

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