The mother of the man killed by Bayonne police officers in her home in June has filed notice of a $30 million tort claim with the city of Bayonne. A tort claim is a legal document usually filed in preparation for a lawsuit.
Jean Waskiewicz is the mother of Lee Waskiewicz, who was shot and killed by Bayonne police officers earlier this year. Waskiewicz filed a tort claim with the city on Aug. 31. Notice of the tort claim was present on the city council’s agenda under communications at the Sept. 15 caucus meeting.
According to the tort claim: “Ms. Waskiewicz was needlessly subjected to wrongful acts including, without limitation, intentional and negligent infliction of emotional distress, interference with her right to familial association, and to the loss of companionship of her son.”
Waskiewicz could not be reached for comment. She is being represented by attorney Brett Klein, who did not immediately to a request for comment. The city does not comment on pending or active litigation.
In July, the NJ Attorney General’s Office released video footage from three body cameras and a 9-1-1 call related to the incident.
Uniformed officers of the BPD responded to a 9-1-1 call made at approximately 6:30 a.m. on June 7, reporting a domestic disturbance at a residence on West 1st Street.
In the 9-1-1 call, Waskiewicz’s mother says that he is “wrecking my kitchen up” in a fit of “rage” after being awakened by fireworks. While she calls him “disturbed” and “crazy,” his mother indicates he does not have a weapon during the call. Waskiewicz’s mother asks police to bring him to the emergency room and “do something to calm him down, too.”
Three officers arrive on the scene, two of whom have been identified as Timothy Ballance, Jr. and Edward Taveras. Ballance, Taveras, and another unidentified officer met with Waskiewicz’s mother outside of the residence, where she cites Waskiewicz’s behavior as the reason she called the police and an ambulance.
They briefly discuss Waskiewicz’s medical treatment, but many parts of the conversation are redacted. From their conversation, Waskiewicz’s mother says he has been “knocking down the ceiling” in the kitchen and “going crazy,” which prompts her to call an ambulance and the police. She asks officers to “restrain him” if an ambulance will not take him.
Waskiewicz’s mother escorts officers into the home, passing through the kitchen which shows visible damage to the ceiling. Inside, officers call Waskiewicz down from the third floor. He appears at the bottom of the steps in only his underwear.
Confrontation in the stairwell
Upon seeing the police, Waskiewicz goes back upstairs. He begins to yell inaudibly as music plays ambiently in the background. Ballance and Taveras follow him up the stairs but stop halfway once they spot Waskiewicz.
When Taveras asks Waskiewicz to come down to talk to him, Waskiewicz yells for the officers to leave and threatens to stab them. Waskiewicz comes back to the stairs armed with a knife, at which point both Ballance and Taveras draw their weapons. Waskiewicz dares the officers to shoot him.
“Shoot me,” he says. In response, Taveras says: “I’m not going to shoot you.”
Meanwhile, the officers repeatedly ask Waskiewicz to drop the knife. But Waskiewicz refuses and threatens to stab them if they approach further.
“Come up here, and I’ll f*cking stab you,” Waskiewicz says.
Moments later, Waskiewicz’s legs are seen walking toward the officers on the body camera footage before approximately seven or so gunshots ring out. Ballance and Taveras fire their service weapons, fatally wounding Waskiewicz.
The officers are forced down the stairs as Waskiewicz’s body tumbles down the stairwell and into the kitchen. Medical aid is rendered by the officers until emergency medical personnel arrive and transport Waskiewicz to Bayonne Medical Center, where he is pronounced dead at approximately 7:43 a.m.
The fatal incident remains under investigation by the Office of Public Integrity and Accountability. When the investigation is complete, the case will be presented to a grand jury that will decide whether criminal charges will be filed.
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