The city of Vancouver is set to pay $383,000 to settle a tort claim by the family of Shirry Rice-Dohman alleging the city was liable in her stabbing death two years ago.
Rice-Dohman was killed Feb. 28, 2009, by her brother, Michael Schuurmans, who lived with her, their elderly mother and two of Rice-Dohman’s sons, Alec and Aaron Dohman, in Vancouver’s Father Blanchet Park neighborhood.
A tort claim filed in August 2010 argued that a Vancouver police officer broke state law when he failed to arrest Schuurmans during a domestic violence call at the house three days before Schuurmans killed his sister.
Vancouver officer Andrew Young was called to the home on Feb. 25, 2009, following an altercation between Schuurmans and Aaron Dohman. According to the claim, Schuurmans, a black belt, swung Aaron, then 24, in the air and also punched him in the stomach.
Washington law says an officer must arrest the primary physical aggressor if there is probable cause that a domestic violence crime occurred within the four hours before a call for help.
Young, however, did not arrest Schuurmans that Wednesday.
Rice-Dohman, 53, was stabbed to death at 5 a.m. Saturday.
Schuurmans, who is now 49, was under the delusion that he was God and Rice-Dohman was the devil, court records say.
Doctors at Western State Hospital who evaluated Schuurmans in advance of his murder trial agreed he was legally insane at the time the slaying was committed, and he wasn’t taking medication prescribed for his psychosis. He was sentenced in March 2010 to an indefinite stay in a state mental institution.
“If Officer Young had complied with his statutory duties … Michael would have appeared before a judge on Thursday, after being interviewed by correctional personnel who would have discovered he was a mentally ill man with psychotic delusions with a potential for violence,” the tort claim reads.
“Because of Officer Young’s failure to follow the law, Shirry Dohman is dead, two of her sons were physically injured and the entire family has been psychologically scarred for life,” it added.
The tort claim — filed by Alec and Aaron Dohman and their two brothers, Erik and Andrew Dohman — asked for slightly less than $7 million in damages.
In a memo to the Vancouver City Council, city staff wrote that similar cases in Washington that have gone before a jury resulted in awards of $250,000 to more than $5 million, not including litigation costs or attorney fees.
The proposed settlement of $383,000 resolves all claims against the city, its employees and officials and includes all mediation costs. In a statement, the city denied liability, but recognized the uncertainty of litigating a case of this nature.
The city council must approve the settlement; it is on the agenda for Monday. The city pays for such settlements from its risk fund, and money is available to pay for this settlement, according to the memo.
Young, the officer named in the tort claim, died in August 2010 after suffering a medical emergency while on an off-duty mountain biking trip near Hood River, Ore. Young was a VPD officer for 11 years and had 18 years of experience.
Gathe said in an e-mail late Thursday afternoon that police administration conducted an “internal affairs investigation into Officer Young’s conduct, and there was a sustained finding of failing to carry out his duties, which resulted in a 10-day suspension.”
The Dohman family is represented by attorney David Nordeen of Weber Gunn Attorneys at Law in Hazel Dell.
Andrea Damewood: 360-735-4542 or andrea.damewood@columbian.com.
