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29 December 2017

UPDATE: Tonie Wells Killed In Brooklyn Apartment Near Stairs After Police Reported No Sign Of Distress

UPDATE: Tonie Wells Killed In Brooklyn Apartment Near Stairs After Police Reported No Sign Of Distress

Tonie Wells Killed After Being Assaulted In Crown Heights, Brooklyn Apartment; Please Support The Daughter of The Victim By Donating to The GOFUNDME PAGE Set up for her

BROOKLYN, NEW YORK (December 28, 2017) – A 22-year-old woman and mother of a two year old was found dead at the base of a stairwell in her Crown Heights, Brooklyn apartment after police allegedly reported no sign of distress.

Brooklyn police have been able to identify the woman that was killed as Tonie Wells.

Law enforcement were called to the apartment but left after allegedly reporting no sign of distress. The victim’s toddler’s crying and screaming prompted a neighbor to call 911.

Around 10:00 a.m. the same morning different officers came across Tonie Wells body found by the stairwell with bruising on her neck and other signs of trauma. Police believe that she may have been murdered by being strangled and thrown down a flight of stairs.

The two officers involved in the incident have been suspended after the death of the Brooklyn mom following the assault.

News reports indicate that the husband of Tonie Wells had a history of domestic violence and that police had visited her apartment in the past. Her husband is currently at the 77th precinct.

New York Police were able to recover her toddler safely from the apartment. A GO FUND ME PAGE has been set up for the daughter of Tonie Wells.

POLICE LIABILITY FOR FAILING TO ASSIST BATTERED WOMEN

The Supreme Court of the United States have ruled that the due process clauses under the 5th and 14th amendment may give grounds for police liability  under two separate doctrines: (1)  the “special relationship” doctrine and (2) the “state-created danger” doctrine. A “special relationship” between a police agent and an individual may come into existence if the state assumes a sufficient amount of control over an individual so as to create an affirmative duty of protection. The court case Cuffy v. City of New York lays out when a “special relationship” is created between a citizen and a municipality. 

“(1) An assumption by the municipality through promises or action of an affirmative duty to act on behalf of the party who was injured; (2) knowledge on the part of the municipality’s agents that inaction could lead to harm; (3) some form of direct contact between the municipality’s agents and the injured party; and (4) that party’s justified reliance on the municipality’s undertaking.”

Our staff at Lipsig Lawyers were deeply saddened to learn about the tragic death of Tonie Wells. We extend our thoughts and prayers to the victim’s family as they continue to go through such an incredibly difficult time. There needs to be a thorough investigation into what happened for the sake of everyone affected. Steps need to be put in place to make sure that this never happens again. We encourage everyone to donate to the GO FUND ME page set up for the victim’s daughter.

If you or someone that you love has been injured or killed in a domestic violence situation due to police negligence, you may have legal recourse. Our team of highly experienced police misconduct lawyers are here to help in any way that we can. Whether you just have questions about your rights or are looking to hire an attorney, you’re always welcome to reach out to us if you need assistance (646) 846-4496.