NORFOLK, Va. — After an hours-long private mediation meeting at the federal courthouse in Norfolk, the $3 million wrongful death settlement in the case of Donovon Lynch is still not completely finalized.
“We can’t talk about what happened in the courtroom per the judge’s order, so we want to respect that, but it’s coming to a rapid closure" former Lt. Gov Justin Fairfax said, the attorney of record on the case.
Thursday's private meeting behind closed doors comes less than two years after a Virginia Beach police officer shot and killed the 25-year-old at the Oceanfront.
The legal proceedings-- and still pending-- trial is under the jurisdiction of the U.S. District Court for the Eastern District of Virginia.
In late December, Wayne Lynch-- the father of Donovon-- told 13News Now he fired Fairfax as his case attorney, stalling the completion of the settlement agreement.
This happened just weeks after the agreement was announced, by both Fairfax and Lynch outside the federal courthouse.
Court documents revealed concerns that Lynch's estate attorney Jeffrey Reichert interfered with the settlement's completion by telling Wayne not to sign the full agreement. Fairfax, as well as attorneys representing the City of Virginia Beach and the officer who shot and killed Donovon, filed additional documents that stated the signing of a previous "Memorandum of Understanding" provides the basis for why a judge should order the settlement's enforcement.
"I am focused on getting things finalized, the court is focused on that as well. We’re heading in that direction and excited for what’s to come," Fairfax said.
Additional documents show a back-and-forth between Wayne and his legal representation over which exact details of the settlement agreement were sent to attorneys.
Wayne Lynch's legal representation claims there is a difference between the MOU versus the final settlement agreement, pointing to language about Lynch's release of claims against the plaintiffs.
Documents filed in early January said the settlement "contains a more extensive provision", which is "more than the Estate agreed to for settlement."
Reichert did not comment after the meeting but said there were "a lot" of reasons why he advised Wayne Lynch not to sign the settlement.
A status report must be completed within 14 days of the mediation.