DATE: Tuesday, August 19, 1997              TAG: 9708190284

SECTION: LOCAL                   PAGE: B1   EDITION: FINAL 

SOURCE: BY MIKE MATHER, STAFF WRITER 

DATELINE: VIRGINIA BEACH                    LENGTH:   78 lines

PARENTS INTEND TO SUE OVER FATAL POLICE SHOOTING

The parents of a man who was shot to death by police after a low-speed chase on March 25 have filed formal notice that they intend to sue the city and the Navy over their son's death.

Attorney James McKenry, representing the family of 28-year-old Bruce V. Quagliato, sent the notices Monday to City Attorney Leslie L. Lilley and to the commanding officer of the Little Creek Naval Amphibious Base. The notices are required to preserve the family's right to file a wrongful-death lawsuit within two years.

McKenry is claiming that an improper radio transmission from base police may have led to an overreaction by Virginia Beach police. That indirectly caused several officers to fire more than 60 rounds into Quagliato's disabled car, he claims. Several shots struck Quagliato, killing him. His family is seeking $2 million.

``Our claim is for the wrongful death of Bruce V. Quagliato as the result of actions taken by the Little Creek Police, while in the scope of their employment,'' one of the notices states. ``As a direct result of the careless, willful and negligent actions of the Little Creek police officers and the Department of the Navy, Mr. Quagliato's beneficiaries have suffered loss of companionship . . . and other related benefits.''

In the notice to Virginia Beach, McKenry said the officers ``acted inappropriately and excessively'' to cause Quagliato's ``untimely and unnecessary death.''

The shooting happened at the end of a low-speed chase that began on the Little Creek base and ended on Independence Boulevard near the Virginia Beach-Norfolk Expressway.

On the base, military police officers tried to stop Quagliato's car, but he refused to pull over. During that time, his car collided with at least one base police car.

A base police officer radioed that there was an ``officer down,'' according to investigators. That phrase is generally regarded as a serious distress call that means a police officer has been killed or badly hurt. But the base police officer involved in the collision sustained only minor injuries, if any, investigators have said.

When Quagliato's Camaro headed from the base onto Independence Boulevard, Beach police tried unsuccessfully to stop the car several times before it collided with at least one police cruiser and then crashed into a light pole. Several officers jumped out of their cruisers and surrounded Quagliato's car.

Although there are significant disagreements about what happened next, most of those involved in the shooting and subsequent investigation agree that one officer fired first at Quagliato, which caused as many as seven others to join in the shooting.

Investigators said one officer emptied his 9 mm pistol and performed a ``combat reload,'' meaning he quickly stripped away his empty magazine and loaded a full one. Most pistols issued to Virginia Beach police hold between 13 and 16 rounds, depending on the model.

The Police Department has maintained that Quagliato refused to stop for police officers, repeatedly rammed police cars during the chase, avoided a set of tire-deflating spikes, and, after his smashed car was surrounded by several police cruisers, tried to ram his way out.

The officers opened fire because they feared for their safety and thought Quagliato had a gun, Police Department spokesmen have said.

Quagliato was not armed. No one knows why he refused to stop for police.

Commonwealth's Attorney Robert Humphreys cleared the Beach officers of criminal wrongdoing. The Police Department's Professional Standards Office, which investigates alleged officer misconduct, has completed its review of the case, according to L. Steven Emmert, a senior city attorney.

Emmert said the internal investigators' findings have been forwarded to Capt. Sandi Baum, commanding officer of the 3rd Precinct. Baum will review the findings and recommend whether the officers involved should be disciplined, Emmert said. The discipline could range from an oral counseling to termination. Baum's decision will then be reviewed by higher-ranking officers, including Police Chief Charles R. Wall. ILLUSTRATION: L. TODD SPENCER/file color photo

Police shot and killed Bruce V. Quagliato, 28, after a car chase in

March. His parents have taken steps to keep open the possibility of

a lawsuit. KEYWORDS: LAWSUITS SHOOTING VIRGINIA BEACH

POLICE DEPARTMENT FATALITY

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