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SARATOGA SPRINGS — The family of Susan Hunt has fired back at Saratoga Springs officials who want a federal judge to force the woman to accept a $900,000 settlement in the death of her son, Darrien Hunt.
In documents filed Wednesday in federal court, attorneys for Susan Hunt also blasted her former attorney, Robert Sykes, for agreeing to a settlement without the family's consent.
"The settlement advocated by former counsel Robert Sykes is not a commercially reasonable amount and is entirely inconsistent with similar cases," according to the court filing. "How can former counsel Robert Sykes indicate in good conscience for the court that an 86 percent 'discount' is a fair and reasonable settlement for his client?"
Darrien Hunt, 22, was shot and killed following a confrontation with two Saratoga Springs police officers in September 2014. Darrien Hunt, who was carrying a 3-foot souvenir katana sword, was shot six times in the back, with most of the shots hitting him as he fled from officers.
The Utah County Attorney's Office determined the officers were legally justified in the shooting. In January, the Hunt family filed a $2 million civil lawsuit against Saratoga Springs and the two officers who shot him, calling the officers' use of deadly force unlawful and excessive.
On the first anniversary of Darrien Hunt's death last month, Susan Hunt announced that she had declined the city's $900,000 settlement offer. She said the money wasn't what was important to her, but rather an admission from police that the shooting was brutal, unnecessary and that her son did nothing wrong.
The Hunt family fired Sykes after he advised them to accept the settlement. Their new attorney is Paul Lydolph.
Attorney miscommunication
In a motion filed late last month, attorneys for Saratoga Springs argued that a $900,000 settlement had been agreed upon and that news releases were ready to be sent out. Saratoga Springs officials argued in their motions that the emails between Sykes and the city's attorneys made the settlement binding.
But in his motion filed Wednesday, Susan Hunt's attorney contends the case was never settled:
"(Susan Hunt) never confirmed, directed or consented to a settlement amount with Sykes. Susan Hunt never agreed or signed any document accepting a settlement offer from defendants. She never gave actual, apparent or express authority to Sykes to accept any particular amount from defendants. "As soon as Susan Hunt learned from Sykes about the $900,000 settlement offer, she rejected it to her counsel and informed all plaintiffs about her rejection." The motion further states that "Sykes has never received consent from Susan Hunt to accept the settlement," "Susan Hunt never signed the settlement documents," and "Susan Hunt never authorized or directed Sykes to accept the settlement offer on her behalf."
In a separate motion also filed Wednesday, Susan Hunt is also opposing Sykes' motion demanding payment.
"Not only should the motion for attorney's lien be denied, it should be completely discharged," the motion states.
"Sykes' claim of attorney's fees under their motion for attorney's lien is unreasonable," the motion continues. "The hundreds of hours claimed to be spent on the case were never shown, and the amount sought as attorney's fees lacks evidence in support. Sykes failed to provide substantial evidence to justify the overwhelming portion of their fee request. Sykes' claim is unreasonable."
Sykes' office said Wednesday afternoon that he was traveling. Attempts to reach Sykes were not successful.
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