On Monday, Vancouver City Council agreed to pay $383,000 to the sons of a woman who died in February 2009 after being stabbed to death by her brother.

The woman's four sons brought a wrongful death claim last August, alleging the city was liable for their mother's death. Their claim referred to a Vancouver police officer who failed to arrest the woman's brother during a domestic violence incident three days prior to the woman's death. At that time, the officer was called to the home the woman had reportedly been sharing with her brother after a dispute between the woman's brother and one of her sons. Her brother had apparently assaulted her 24-year-old son. At that time, the officer did not arrest the woman's brother.

Under Washington law, an officer is required to arrest a primary physical aggressor if that officer has probable cause to believe that a domestic violence crime occurred within four hours of the call for help.

Three days after the altercation, her brother stabbed her to death, believing that he was God and she was Satan. In 2010, he was determined not guilty due to insanity, and is now indefinitely confined at the Western State Hospital near Tacoma.

The city of Vancouver denied liability in a statement, but determined that a settlement would be the better option due to the potentially high costs of a jury trial, which has previously resulted in awards of $250,000 to more than $5 million.

One councilor voted against the settlement, stating that she is weary of citizens who sue the city because of its perceived deep pockets. But according to another city official, the facts of the case didn't justify the actions of the officer, and couldn't support a full defense.

Source: The Columbian, "Vancouver to pay $383,000 in 2009 death," Andrea Damewood, 14 Feb 2011.