By Tad Vezner
Pioneer Press
CHASKA, Minn. — The family of a woman who was shot and killed by a Chaska police officer after a high-speed car chase on U.S. 212 two years ago has agreed to a $1.75 million settlement — some of which the city will have to pay on its own.
“This was a bad shooting. There’s no ifs, ands or buts about it,” said Minneapolis attorney Robert Bennett, who is representing the family of Dawn Marie Pfister, killed along with her boyfriend on the Eden Prairie highway in February 2015.
Bennett has also released two uncut dash camera videos of the shooting, which were used to parlay the settlement.
“Nobody shot at the woman except (Chaska police Sgt.) Brady Juell. Ten people made a ‘no shoot’ decision, and one person did. Who do you think’s objectively reasonable? That’s the calculus under which they lose this case,” Bennett said.
Chaska City Administrator Matt Podhradsky referred calls about the case to the attorney who handled it, Jason Hiveley, who was actually retained by the League of Minnesota Cities, which insures cities in such suits. Both Juell and the city were defendants in the suit.
Hiveley did not immediately return a call for comment Thursday afternoon.
Podhradsky confirmed that Chaska has a $1.5 million policy on such settlements through the League. The remaining $250,000 would have to come from Chaska. He added that the city council will have a closed session Monday to discuss the matter.
Juell is still employed by the city. In February, according to a Minneapolis Star Tribune article earlier this year, Chaska’s police department awarded Juell a distinguished service medal, citing his work in leading “use of force” training.
The fatal incident began on Feb. 7, 2015, with a hit-and-run report at 7:30 a.m. in Chaska. The suspect in the crash, driving a stolen red Saab, led police on a chase on U.S. 212, at times reaching 90 mph and with the car’s hood popped open against the windshield.
The chase ended in Eden Prairie when the driver, Matthew Vincent Serbus, 36, of Maple Grove, veered to the shoulder and hit a retaining wall.
Originally released video of the incident — redacted by the Minnesota Bureau of Criminal Apprehension because they believed it would be “offensive to common sensibilities,” a provision to withhold data under state law — shows the chase, but cuts to black when police start firing.
Bennett released two unredacted videos Thursday, one from the dashboard camera of a Minnesota State Patrol car, the other from a Carver County sheriff vehicle. Only the trooper’s video has sound.
SHOOTINGS CAPTURED ON VIDEOS
That video shows a law enforcement officer — identified by Bennett as the State Patrol trooper in charge of the scene — yelling at the couple after the car has crashed.
Serbus gets out of the car, leans into it and pulls Pfister — originally in the passenger seat — out in front of him, her back to officers.
“He’s going for a gun, he’s got her as body armor,” the trooper yells to other officers, repeating, “He’s (unintelligible) her as body armor.”
“Looks to be a hostage situation,” a speaker on one of tactical radio channels can be heard saying in the background.
“Hostage situation,” replies another speaker over the channel.
Officers repeatedly yell at Pfister to “lay down.” Her back is to the camera, her arms at times around Serbus. A first shot is fired after Serbus is told to show his hands, and doesn’t. Pfister at one point appears to try to get on the ground, but whether she gets back up on her own or is pulled back up by Serbus is unclear in the video.
Seconds later, officers realize Serbus has a knife — later determined to be a 3-inch folding knife — not a gun.
“Don’t do that to her! Don’t!” the trooper is heard yelling in the video. “He’s trying to stab her. (Expletive). I gotta drop him, guys.”
At that point, repeated shots are heard. Serbus and Pfister are at least 20 feet away from a semicircle of law enforcement cars and officers.
“Watch her, watch her,” the trooper yells in the video as more shots ring out. The couple fall to the ground.
“Suspect down, she’s holding the knife,” the trooper says.
At that point, two officers appear: the first, holding a police shield, is Carver County sheriff’s Sgt. Lance Pearce, according to Bennett.
The second, behind and to the side of Pearce, and holding an assault rifle, is Juell. Pfister appears in the video to struggle to get up, as shots ring out and she falls again. Then Serbus tries to get up, more shots ring out, and he also falls, fatally wounded.
The second video, from the Carver County sheriff’s office, shows Pfister rising on one hand, turned halfway away from Pearce and Juell.
“Two suspects down, both shot,” a speaker on the police channel says.
OFFICER DEPOSITIONS
Bennett said he took depositions from the four officers that fired their guns, and only Juell said he fired on Pfister, because he believed she was charging them.
Bennett also released text of his deposition of Pearce — a 14-year SWAT team veteran — who was in front of Juell.
“You would have fired if you were faced with immediate threat of serious bodily harm or death to yourself?” Bennett asked in the April 2015 deposition.
“Yes,” Pearce replied. Bennett noted that Pearce said he didn’t fire on the woman.
And then later in the deposition:
“You never told the BCA that she approached?”
“No.”
“And the reason you didn’t tell them that is because she didn’t do it?”
“Correct.”
Bennett’s suit claimed that a statement by BCA Special Agent-in-Charge Scott Mueller to the medical examiner at the scene, saying that Pfister “ran over to Serbus, grabbed the knife and then began advancing toward officers with it,” was a “complete fabrication” and “provably false” from the video.
The BCA declined comment on the allegation in 2015, citing ongoing litigation. On Thursday, a BCA spokesman said “we have nothing to add to our previous statement.”
The BCA conducted an investigation of the incident, and gave their findings to Hennepin County prosecutors. In December, a Hennepin County grand jury decided not to criminally charge the four officers who fired their weapons in the incident, including Juell.
Bennett also said Thursday there were discrepancies between what the grand jury heard, and what officers said in depositions.
“If you read the unredacted portions of the grand jury transcript, you can see there’s a distinct difference,” Bennett said. The Hennepin County attorney’s office also declined to comment Thursday.
Pfister’s family will get $1 million from the settlement, while Bennett will get $750,000 in attorney’s fees.
“The lion’s share of it will go to the kids, as you can imagine. Exactly how much will go to whom hasn’t been decided,” said Bennett.
Pfister, of Elkhorn, Wis., was 34 when she was killed and had two children, ages 15 and 12. Both live outside Minnesota. She is also survived by her parents.