VIRGINIA BEACH, Va. — The new lawyer for Wayne Lynch, the father of Donovon Lynch, shared a statement about his family's pending lawsuit settlement against the City of Virginia Beach and the officer who shot and killed his son.
Donovon was shot to death by a police officer during a night of chaos at the Oceanfront last year.
A state police investigation didn't find the officer guilty of criminal wrongdoing, but his family sued both the officer and the city in a federal $50 million wrongful death lawsuit.
The sides appeared to come to a $3 million settlement agreement earlier this month, but two weeks later, Lynch announced he fired case attorney and former Lt. Gov. Justin Fairfax.
The statement released by Joseph Sherman says there are "unacceptable differences" between a previously signed Memorandum of Understanding versus the formal settlement agreement.
It points to a piece of language written in the full settlement alluding to Lynch never being able to "in any way aid" the prosecution "of any action" against Defendants "in any way" related to Donovon's killing.
This could present challenges in the future, based on the statement's confirmation that Wayne Lynch still hopes for a federal investigation by the Department of Justice into his son's death.
Legal analyst Ed Booth told 13News Now that a judge will have to weigh whether there is enough of a difference between the MOU and the formal settlement to allow Wayne Lynch not to sign the agreement.
According to documents filed in the days following Lynch's surprise announcement, there was a dispute over "edits" and "changes" in relation to the version of the settlement the Lynch Estate wanted passed along to the Virginia Beach attorneys for consideration.
Other new federal court documents show the former attorneys for Lynch, the City of Virginia Beach and the officer who killed the 25-year-old all believe the courts should enforce the completion of the settlement.
In one memorandum, Fairfax called Reichert's actions “increasingly bizarre, defamatory and alarming” in reference to him telling Wayne not to sign the settlement.
City attorneys call Wayne's actions as a "material breach" of the MOU.
Lynch's new lawyer, Joseph Sherman, sent 13News Now this statement about what's going on in the case:
There are unacceptable differences between the Memorandum of Understanding and the formal settlement agreement. For example, the Memorandum of Understanding releases the City from pending and available claims from Donovon’s killing. The formal settlement agreement, drafted by the City, seeks an agreement that Mr. Lynch will never “in any way aid” the prosecution “of any action” against Defendants “in any way” related to Donovon’s killing.
The local grand jury did not certify charges against the City’s officer and the City put Donovon’s killer back on patrol. If the Department of Justice investigates and forces the City into systemic changes this would not represent the first time the federal government forced local municipalities to do the right thing. This region will forever remain on the wrong side of the Civil War and school de-segregation – both times local policy made federal enforcement of basic civil rights necessary. Federal litigation forced the opening of Norfolk schools, caused a dramatic relocation of residential populations to the City of Virginia Beach, and resulted in the annexation of Princess Anne County to absorb the immediate and inorganic growth. This year, the federal court found the City violated federal election law by diluting the voting power of minorities.
Mr. Lynch holds out hope the Department of Justice will investigate the City for the intentional killing of his son. The inconsistencies, errors, and provable falsehoods in the City’s account of the incident may inspire the federal government to intervene to require systemic change and improve the safety of policing other young adults in the City. Mr. Lynch cares about the safety of the community and its young adults and will participate and aid any action by the Department of Justice related to Donovon’s unprovoked killing.
Justin Fairfax refused to fight for Mr. Lynch’s right to participate and aid in other actions against the Defendants related to Donovon’s death, advocated that Mr. Lynch sign the agreement provided by the City without any changes, and then, after Mr. Lynch refused, filed a joint motion with the City asking the Court to require Mr. Lynch to sign the agreement drafted by the City. Mr. Lynch can and should object to non-monetary terms exceeding those discussed in mediation.
In response to this statement, 13News Now received this the following morning from Mr. Fairfax and Mr. Martin:
Justin E. Fairfax and Thomas B. Martin are honored — in only 64 days — to have secured an historic $3 million settlement with the City of Virginia Beach in the death of Wayne Lynch’s 25-year-old son, Donovon Wayne Lynch. Prior to their legal representation in this case, not a single deposition had been taken. This case was stalled. The Lynch Family was in serious danger of receiving $0 in compensation for the tragic March 26, 2021 police officer-involved shooting death of Donovon Lynch near the Virginia Beach Oceanfront. Mr. Fairfax and Mr. Martin remain the attorneys of record in this case in Virginia federal court.
The public and the media are well within their rights to ask hard questions about why interested non-party and non-Virginia-barred counsel Jeffrey Reichert — who has a lengthy history with various courts and whom a Virginia Beach Special Grand Jury recommended be investigated for perjury in connection with the investigation into Donovon’s death — has continued to make increasingly desperate attempts to block this Black family from receiving the proceeds of the historic $3 million settlement secured by attorneys Mr. Fairfax and Mr. Martin for the Estate of Donovon Lynch.
But if Jeffrey Reichert’s increasingly bizarre, defamatory and alarming behavior and ever-changing legal arguments seem familiar, that’s because his scorched-earth tactics are not new. In October 2022, Jeffrey Reichert similarly engaged in bizarre and defamatory statements and actions to interfere with the legal representation provided to Mr. Lynch by Mr. Fairfax and Mr. Martin in this case.
On October 31st, a federal Judge in Norfolk, Virginia thankfully stepped in and shut down — on the record and in open court — the absurd actions and arguments of Jeffrey Reichert. Reichert’s reckless actions and arguments then, as now, went against the interests of the Lynch Family for generations to come.
We hope for a similar result at this juncture so that the Donovon Lynch Estate and the Lynch Family do not lose everything due to the actions of non-Virginia-licensed attorney Jeffrey Reichert. We eagerly look forward to the Lynch Family finally receiving the proceeds of this historic $3 million settlement secured in only 64 days by Mr. Fairfax and Mr. Martin. The Lynch Family needs to begin to finally heal.
We also look forward to the upcoming actions of the federal court to finally put an end to the latest destructive and tired antics of Jeffrey Reichert. We hope that the media will finally shine a light on Reichert’s antics and stop recklessly and regularly promoting his defamatory statements which disregard the truth in this matter.
Mr. Fairfax and Mr. Martin continue to fight for the best interests of their client Mr. Lynch and his daughter and to uphold the memory of the only person who should be centered in this moment: Donovon Wayne Lynch.