An Orange County jury could begin deliberations later today in the multi-million dollar civil lawsuit against Tyrone Mosby, already serving a 30-year sentence for shooting a teen, leaving her brain-dead.
Represented by the Law Offices of Dan Newlin, Danielle Sampson who was shot in the head in July 2012 by a stray bullet fired by Mosby, and her mother Alma Fletcher are seeking compensatory and punitive damages to the tune of $23 million.
Presiding Judge Donald Myers, Jr., has already ruled that Mosby is civilly liable for Danielle’s vegetative state. The jury, which began hearing from witnesses Monday, must now determine the amount of damages to be awarded.
Fletcher, at times emotional, recounted the circumstances leading up to the shooting of her daughter, who was 15 years old at the time. Riding along in the back of the family’s mini-van through Pine Hills on July 29, 2012, gunshots rang out and Danielle was shot in the head by a stray bullet that shattered the van’s back window. Mosby, 22, her shooter and a reputed gang member, along with a group of other men had just burglarized a home nearby and were shooting at the homeowner.
“It was horrific. My entire body felt like it came apart and I didn’t know if Danielle would make it,” said Fletcher, describing the moments following Danielle’s shooting.
Describing her daughter prior to the shooting as a vibrant teen, very avid reader and who liked playing and teaching basketball to kids, Fletcher said, “She was my heart and soul, we went everywhere together…. and it rips my guts out that she’s not able to talk back to me and give that love and affection she once gave me.”
Justin Fletcher, Danielle’s step father, described her as a good student who wanted to be a neurosurgeon.
“Danielle loved to read many, many books. Her passion was education,” he said. Mr. Fletcher described the uncertainty when the family awaited word on whether or not Danielle would survive as, “Hell on Earth.”
Since the shooting and after spending several weeks in hospital and in a rehabilitation facility, the teen has remained in a coma, but has shown small signs of improvement. The Fletchers say, although Danielle cannot speak, she communicates by blinking her eyes when questions are posed. A bullet still remains lodged in Danielle’s skull, along with fragments in her brain.
Meanwhile, Mosby for his part, remained mostly dis-engaged, slouching in his seat. With no legal representation, he waved his right to question potential jurors and witnesses, and declined to make an opening statement.
Asked by Judge Myers whether he had any challenges for cause of potential jurors, Mosby responded: “Don’t matter,” loosely waving his hand as if swatting away a fly.
“Do you wish to remain for the day?,” Judge Myers pressed. Mosby, shackled at the ankles said, he didn’t want to participate in the jury selection process. As it turned out, his involvement was inconsequential throughout the proceedings.
Today, a life care planner, Gerri Pennachio, the third and final witness, is expected to take the stand and tell jurors, the future cost of caring for Danielle over her lifetime, will likely exceed $20 million.
The Fletcher family brought the civil action, following rumors that other gang members were planning on selling Mosby’s story of their gang-related terror.
