VIRGINIA BEACH, Va. — The family of Jiansheng Chen is suing the person charged with murdering him.
On January 25, Wenren Chen and Ziu Yu Zheng, represented by John Fletcher, filed a civil lawsuit in Virginia Beach Circuit Court against Johnathan Cromwell as well as Citywide Protection Services and River Walk Community Association.
The family is suing for $5 million in compensatory damages and $350,000 in punitive damages.
The suit alleges that Cromwell "willfully and maliciously, and without just cause or provocation" pointed his gun at Chen, who was unarmed. It also says Cromwell "negligently used excessive force".
Paperwork says Cromwell had a history of aggressive behavior and "propensity for drawing, brandishing and threatening the use of his firearm" under circumstances that were unwarranted. He was also let go of a previous job because of similar behavior, the lawsuit said.
Documents allege Citywide failed to "conduct a reasonable investigation into Cromwell's background".
The lawsuit also claims River Walk Community Association's contract with the company was for unarmed security guards.
In January 2017, Chen was playing "Pokemon Go" while he was parked in River Walk. Cromwell confronted Chen. During the encounter, Cromwell shot and killed him.
All along, Cromwell's attorneys have claimed he acted in self-defense.
Andrew Sacks, Cromwell's current attorney, wrote a statement to 13News Now, saying in part:
“To the contrary, his position has been unwavering-that his actions that night were solely taken in self-defense of his life. Self-defense utterly undermines the whole premise of the suit and renders it without merit.”
Cromwell's trial is scheduled to begin on February 19.