Bank Robber's Estate Sues Retired Officer for Wrongful Death

A retired police officer has been sued by the estate of a bank robber who died after trying to rob a California bank. At 9:15 A.M. on February 28, 1997, Emil Matasareanu and Larry Phillips armed with semi-automatic weapons modified to fire as machine guns, entered a Bank of America branch located on Laurel Canyon Boulevard in Los Angeles.

After taking over $300,000, they shot and injured several individuals in the bank. A running battle with police followed until 10:05 A.M. When it was over, Phillips was dead, Emil Matasareanu was mortally wounded, 11 police officers were severely wounded, and six civilian bystanders were injured and required medical attention.

 

Matasareanu was wounded with 29 separate bullet injuries. Following the shooting, Officer John Futrell arrived at the scene where Matasareanu was handcuffed and in custody. Officer Futrell, based on his seniority and experience, was directed to guard Matasareanu as a suspect. Emil Matasareanu died shortly after being examined by two Fire Department emergency medical technicians at 10:10 a.m. Technically speaking, the suspect died while in the custody of Officer Futrell.

 

The estate of Emil Matasaraneau has sued the Los Angeles Police Department (LAPD), the L. A. Fire Department, and Officer Futrell for wrongful death and violation of Matasaraneau's civil rights under the Eighth and 14th Amendments to the Constitution.

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The suit, filed in the Federal District Court, alleges that the LAPD in the person of Officer John Futrell, allowed Matasaraneau to bleed to death by not providing immediate medical attention.

Initially Officer Futrell was represented by the City Attorney's Office, but due to apparent friction and conflict of interest developing between himself and the LAPD, Officer Futrell hired his own attorney, Bradley Gage, in August 1998.

The FBI is apparently investigating the circumstances of Matasaraneau's death for a possible civil rights violation. Even though Officer Futrell called for an ambulance twice to treat Matasaraneau, his estate claims that there was a deliberate and intentional effort by the officer and others to keep medical personnel away from the injured bank robber.