CIVIL DOCKET NUMBER: DIVISION 7 450 & WAYNE B. COMPTON SR. AND CHASITY H. COMPTON, INDIVIDUALLY AND ON BEHALF OF THEIR DECEASED DAUGHTER, DESTINY COMPTON NINTH JUDICIAL DISTRICT COURT VERSUS PARISH OF RAPIDES CITY OF ALEXANDRIA, LOUISIANA, RONNEY L. HOWARD, AND JOSEPH RACHAL ‘STATE OF LOUISIANA FILED: DEPUTY CLERK: PETITION FOR DAMAGES NOW INTO COURT, comes plaintiffs WAYNE BERNELL COMPTON SR. AND CHASITY HOPE COMPTON, individually and on behalf of their deceased daughter, DESTINY COMPTON, the full age of majority and domiciled in the Parish of Rapides, State of Louisiana, respectfully represents as follows: 1 ‘The following parties are made defendants herein and are joint and several obligors, liable unto your petitioners, together with legal interest thereon from date of judicial demand, all costs of these proceedings and for all general and equitable relief for the reasons stated herein: a. CITY OF ALEXANDRIA, LOUISIANA, a political subdivision of the State of Louisiana within Rapides Parish, and is the entity having ultimate authority, responsibility, and control of and for the oversight, decisions affecting and funding of the Alexandria Police Department. As such, the City of Alexandria is ultimately responsible for all local policies, procedures, practices, decisions, and customs employed by its law enforcement officials including also the ultimate responsibility for the proper hiring, training, and supervision of all sworn Police Officers acting under their authority and the color of law. The City of Alexandria can be served through its Mayor, Jeffrey W. Hall, at 915 Third Street, Alexandria, LA 71301; as its agent for service of process. b. CHIEF RONNEY LOUIS HOWARD, in his individual and official capacity, who at all times material herein to this Petition, was the Interim Chief of the Alexandria 1Police Department, the Chief Law Enforcement Officer of the City of Alexandria and the policy maker for the Alexandria Police Department, and the person responsible for the proper hiring, training, and supervision of all sworn Police Officers acting, under the authority and the color of law for and within the City of Alexandria. Upon information and belief, a person of the full age of majority and a domiciliary of Rapides Parish, and a citizen of the State of Louisiana, who can be served at his place of employment, the Alexandria Police Department, 1000 Bolton Ave., Alexandri LA 71301; and c. JOSEPH RACHAL, in his individual and official capacity, who at all times material herein to this Petition was a sworn Officer of the Alexandria Police Department. Upon information and belief, a person of the full age of majority and a domiciliary of Rapides Parish, and a citizen of the State of Louisiana, who can be served at his place of employment, the Alexandria Police Department, 1000 Bolton Ave., Alexandria, LA 71301 2. The acts or omissions committed by the defendants that caused injury and damage to the plaintiffs occurred in Rapides Parish, State of Louisiana. 3. On or about February 6, 2021, Ashley Morlte, the full age of majority and a resident of Rapides Parish, was attacked and robbed by her former boyfriend Keron Nickelson who also upon information and belief was a resident of Rapides Parish. 4. On or about February 6, 2021 at approximately 10:31 p.m, the city of Alexandria, Louisiana, Ashley Morlte, Destiny Compton, and Tyana Brown were leaving a gas station in a vehicle that was being driven by Destiny Compton. Keron Nickelson approached the vehicle door on foot, reached his hand in the window, and pulled Ashley Morlte’s wig off, Ashley Morlte attempted to roll her window up, but Keron Nickelson was able to unlock and open her door. ‘After the door was open, Keron Nickelson snatched Ashley Mortle’s phone from her hand and struck her in her face with a closed fist. Destiny Compton was able to drive herself, Tyana Brown, and Ashley Morlte away from the scene and travel directly to the Alexandria Police Department headquarters located at 1000 Bolton Avenue, Alexandria, LA 71301 25. On February 6, 2021 at approximately 10:40 p.m., Ashley Morlte, Destiny Compton, and ‘Tyana Brown arrived at the Alexandria Police Department along with Temekia Brown, who is the mother of Ashley Morlte, At the police station, Ashley Morlte informed Officer Joseph Rachal of the facts referenced in Paragraph 4 above. While at the police station, Temekia Brown ged the location of Ashley Morlte’s cell phone. The cell phone, which was in Keron. Nickelson’s possession, was showing that it was near the police station. Officer Joseph Rachal was then informed of the cell phone’s close proximity to the police station and that Keron ‘Nickelson threatened to kill Ashley Morlte with one of his firearms at one point during the incident. Officer Joseph Rachal was also informed that Keron Nickelson made numerous threats via text messages to Destiny Compton’s cell phone and that Keron Nickeslon threatened to kill Destiny Compton, Tyana Brown, and Temekia Brown. 6. Officer Joseph Rachal advised Ashley Morlte, Destiny Compton, Tyana Brown, and Temekia Brown that there was nothing more that he could do that night and that Ashley Morlte had to come back on the following Monday in order to pursue criminal charges. Officer Joseph Rachal did not formally address the threats made by Keron Nickelson against Destiny Compton by way ofa written police report listing Destiny Compton as a victim of any threats or harassment. In addition, Officer Joseph Rachal joked with Ashley Morlte that the wig that was snatched from her head by Keron Nickelson “must have cost a lot.” 7. No actions were taken by the Alexandria Police Department or Officer Joseph Rachal to arrest Keron Nickelson. 8. No actions were taken by the Alexandria Police Department or Officer Joseph Rachal to protect Ashley Morlte or Destiny Compton. 9 During the early morning hours of February 7, 2021 at approximately 12:50 a.m., Keron Nickelson fatally shot Ashley Morlte and Destiny Compton to death at the apartment of Destiny Compton which is located in Alexandria, Louisiana.lo, ‘The defendant, CITY OF ALEXANDRIA, LOUISIANA, through its employees at the Alexandria Police Department who at all times were in the course and scope of the employment with the City of Alexandria, were aware of and had knowledge of the violent propensities of Keron Nickelson and of his threats to Ashley Morlte and Destiny Compton. M. Upon information and belief, the information communicated to the Alexandria Police Department through Officer Joseph Rachal was sufficient to place the officer on notice that Keron Nickelson intended to do physical harm to Ashley Morlte and Destiny Compton. 12. Upon information and belief, the City of Alexandria through its Police Department took 1no action or insufficient action to protect the person of Ashley Morle and Destiny Compton from the subsequent attack by Keron Nickelson despite having ample opportunities as well as sufficient authority and justification 13. Upon information and belief, the personnel at the Alexandria Police Department who investigated this incident were acting within the course and scope of the employment, and were at all times pertinent hereto the compensated agent and/or employee of the defendant, the City of Alexandria, thereby making the City of Alexandria vicariously liable for the actions or inactions of the police officers involved. 14, Upon information and belief, negligent acts of the officers of the City of Alexandria, Police Chief Ronney Howard, and Officer Joseph Rachal complained of herein are as follows: 1. Failing to comply with Louisiana Revised Statute 46:2140. 2. Failing to detain and arrest Keron Nickelson despite having specific knowledge that he was a danger to Ashley Morlte and Destiny Compton. 3. Failing to use proper police techniques in handling the situation with Keron Nickelson. 4. Failing to offer and/or place Ashley Morlte or Destiny Compton in protective custody pending the arrest of Keron Nickelson. 5. Failing to provide proper police protection to Ashley Morlte and Destiny 4Compton. 6. Failing to adopt and/or adhere to proper police procedures and/or properly train officers in that procedure regarding detection, detention, and apprehension of persons who commit violent crimes. 7. Fe ing to adhere to their duty to protect the general public and speci ically Ashley Morlte and Destiny Compton herein from the foreseeable dangers and risks of allowing them to leave the police department unescorted to Destiny Compton’s home when a person has committed a violent crime upon Ashley Morlte and apparently had the ability to follow through his threats to the lives of Ashley Morlte and Destiny Compton. 8. Failing to supervise, control, and provide adequate and competent personnel. 9. Failing to follow proper police procedures regarding Keron Nickelson’s threats to ill Destiny Compton. 15. Pursuant to La. Rev. Stat, 46:2140(B)(1), the law enforcement officers of the City of Alexandria, Police Chief Ronney Howard, and Officer Joseph Rachal had the duty to immediately arrest Keron Nickelson with a warrant or without a warrant because probable cause existed to be that a felony had been committed by Keron Nickelson upon Ashley Morlte, ‘who was a household member and dating partner of Keron Nickelson. 16. The law enforcement officers of the City of Alexandria, Police Chief Ronney Howard, and Officer Joseph Rachal had the duty under La. Rev. Stat. 46:2140(B)(2) to immediately arrest Keron Nickelson because he committed a misdemeanor crime upon Ashley Morlte that endangered her physical safety. 17. Pursuant to La. Rev. Stat. 46:2140(B)(3), the law enforcement officers of the City of Alexandria, Police Chief Ronney Howard, and Joseph Rachal had the duty to assi Ashley Morlte in obtaining medical treatment necessitated by the battery; arrange for, or provide, or assist in the procurement of transportation for Ashley Morlte to a place of shelter or safety. 18. There existed a special duty to Ashley Morlte from the 5 ity of Alexandria, through itspolice department, because of La. Rev. Stat. 46:2140 which mandates that a police department assist the abused person in arranging for, providing or assisting the procurement of transportation toa place of shelter or safety. 19. In the present case, the City of Alexandria through its officers had a specific statute creating or defining their duties to protect Ashley Morlte against this particular type of harm. Ashley Morlte was in that class of persons which La. Rev. Stat. 46:2140 intended to protect. Ashley Morlte was a person within a protected class, the Alexandria Police Department through its officers knew the likelihood of harm to Ashley Morlte if they failed to provide the required statutory help and, finally, the Alexandria Police Department through its officers were given sufficient authority to act in this circumstance and failed. 20. ‘The failure of the law enforcement officers of the City of Alexandria, Police Chief Ronney Howard, and Officer Joseph Rachal to comply with La, Rev. Stat. 46:2140 in regards to the crimes that Keron Nickelson committed against Ashley Morlte caused the death of Destiny Compton. 21. Plaintiffs show that as a direct result of the negligence of the City of Alexandria, Police Chief Ronney Howard, and Officer Joseph Rachal, that the Plaintiffs sustained losses and injuries consisting of wrongful death and survival damages as set in La. Civil Code Arts. 2315, 2315.1, 2315.2 et seq, physical injuries, mental and emotional injuries, and stress as well as economic loss and loss of support which entitles the plaintiffs to recover from the defendants for the damages that they have sustained. 22. Damages claimed by the plaintiffs in a survival action are as follows:: a, Destiny Compton's damages for physical pain and suffering; anguish and enjoyment of life; b. Destiny Compton's damages for immediate apprehension and fear of death; and ©. Destiny Compton’s damages for fright, fear, and mental anguish while an ordeal is in progress; 23,Damages claimed by the plaintiffs Wayne Compton Sr. and Chasity Compton ina wrongful death action are as follows: a, Loss of love, affection and society; b. Loss of enjoyment of life; cc. Mental anguish and grief; 4d. Any medical, psychological or social professional services rendered as related to Destiny Compton’s death; and e. Funeral and burial expenses AURY REQUEST The amount in controversy exceeds the threshold for a trial by jury; therefore, Plaintiffs requests a jury trial on all issues so triable. WHEREFORE Plaintiff, WAYNE BERNELL COMPTON SR. AND CHASITY HOPE COMPTON, individually and on behalf of their deceased daughter, DESTINY COMPTON, pray that the Defendants CITY OF ALEXANDRIA, LOUISIANA, RONNEY L. HOWARD, AND JOSEPH RACHAL herein be served with a certified copy of this Petition and that they be duly cited to appear and answer the same, and after all legal delays and due proceedings had, that there be judgment in favor of the plaintiff and against the defendants, Jointly and in solido, forall such damages as are reasonable in the premise for full general and equitable relief warranted in the cause herein. Respectfully Submitted, fine L. Harris, Bar Roll #34 ‘ttorney at Law 618A Murray Street Alexandria, LA 71301 Phone: (318) 290-3345 Fax: (318) 445-7047PLEASE SERVE: CITY OF ALEXANDRIA THROUGH ITS AGENT FOR SERVICE OF PROCESS MAYOR JEFF HALL 915 Third Street Alexandria, LA 71301 RONNEY L. HOWARD, CHIEF OF POLICE THROUGH ALEXANDRIA POLICE DEPARTMENT AT 1000 Bolton Avenue Alexandria, LA 71301 JOSEPH RACHAL, THROUGH HIS PLACE OF EMPLOYMENT AT THE ALEXANDRIA POLICE DEPARTMENT. 1000 Bolton Avenue Alexandria, LA 71301