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It will likely be at least three weeks before a federal judge decides whether Susan Hunt — the mother of Darrien Hunt, who was shot and killed by Saratoga Springs police officers — will be forced to take a $900,000 settlement in the lawsuit she brought against the city over her son's death.
On Tuesday, attorneys for the city and the police officers asked U.S. District Judge Tena Campbell to enforce the settlement, telling the judge that Susan Hunt's former attorney, Robert Sykes, had agreed to the terms and had the authority to resolve the lawsuit prompted by the September 2014 shooting of 22-year-old Darrien Hunt, who had been confronted by two police officers after a 911 call reporting a man carrying a samurai sword.
But Samuel Starks, one of Susan Hunt's new lawyers, argued that while his client had agreed to the monetary settlement, she did not give Sykes permission to negotiate a non-disparagement agreement, which would have barred Susan Hunt from commenting about the case beyond the content of two news releases — one from Sykes and one from the city — intended to be distributed once the case was resolved.
"[Negotiations] came off the rails when the city insisted on adding a non-disparity agreement and press release," Starks argued. "... That press release would be the last words that Susan Hunt could speak in relation to [the shooting]. She felt like her First Amendment rights to freedom of speech were being compromised."
But Heather White, attorney for Saratoga Springs, argued in response that Sykes did discuss the non-disparity agreement with his client and told the judge that Sykes had the authority to accept the offer on his client's behalf. White also asked Campbell to force Susan Hunt to pay attorney fees for the city, saying that Susan Hunt's actions have cost the city, the court and taxpayers money.
Campbell took the matter under advisement, telling the attorneys that she will likely need three weeks to go over the evidence before making her decision on whether to force Susan Hunt to take the settlement.
Susan Hunt did not speak with reporters after the hearing, but one of her attorneys, Michael Wright, stressed to reporters that she did not accept a resolution with the city and that her former lawyer did not have the authority to bind her to the agreement.
"Susan will not be muted," Wright said. "She thinks this is a situation that should not have occurred, and she wants the ability to tell folks what happened and her version of the story. And she will not let any monetary amount dictate her ability to talk about what happened to her son."
White said outside of court that the city hopes the judge will rule in its favor and force the settlement agreement.
"The reason we have moved forward to enforce the settlement agreement is the very reason we entered into it in the first place," White said. "And that is to put an end to this highly emotional matter and to be able to provide some finality and closure to all of the parties."
Sykes, who maintains he is entitled to 40 percent of Hunt's portion of the settlement and has filed a motion demanding payment, was in court Tuesday. He did not make arguments before the judge and declined to comment to the news media.
The lawsuit was filed by Sykes on behalf of Susan Hunt and Curtis Hunt, the slain man's parents, in January 2015, alleging a violation of Darrien Hunt's civil rights. At that time, Sykes said evidence indicated Darrien Hunt was fatally shot by police while falling or on the ground. The lawsuit sought more than $2 million in damages.
Susan Hunt said at a rally last year marking the anniversary of her son's death that she had turned down a $900,000 settlement and would not agree to a provision that barred her from commenting about the case. By that time, she had fired Sykes and engaged new lawyers.
Darrien Hunt was fatally shot at about 9:30 a.m. Sept. 10, 2014, after Saratoga Springs Cpl. Matthew Schauerhamer and Officer Nicholas Judson confronted him. A passer-by had called 911 to report that a man with a "samurai" sword was walking at Redwood Road and State Road 73.
Darrien Hunt's family has said he was cosplaying — or costumed role-playing — as a cartoon character and carrying a sword that was not a weapon, but a costume accessory with a rounded blade.
The officers say they fired several shots after Hunt swung the sword at them, and they gave chase when he ran away. Schauerhamer fired several more rounds during the chase before Darrien Hunt — who was hit by six bullets — collapsed near a restaurant at 1413 N. Redwood Road.
The Utah County attorney's office ruled the shooting was justified.