Denied a chance at justice in criminal court, the parents of a man shot dead during a confrontation over metal pipe left alongside a Pierce County road are taking their case into the civil realm.
Vernon A. Tobeck and April D. Norman filed a wrongful-death lawsuit in Pierce County Superior Court this week against the man who shot their son, Joseph Emery Tobeck, who went by Joey. The lawsuit, also filed on behalf of Tobeck’s estate, contends William D. Morgan acted recklessly and negligently when he opened fire on Tobeck and another man in 2010.
Olympia attorney Charles Lane IV represents the plaintiffs.
Joey Tobeck, 20, died after being hit in the head by a bullet fired from Morgan’s gun. His friend, Robert Justus, was hurt when Tobeck lost control of the pickup he was driving and it hit a tree.
Morgan, now in his 70s, said he acted in self-defense when he fired nine rounds at the pickup near his home in the southern Pierce County community of McKenna. He told deputies he thought Tobeck was trying to run him down.
Pierce County Prosecutor Mark Lindquist decided not to charge Morgan with a crime, saying there wasn’t enough evidence to overcome the self-defense claim.
Morgan’s attorney, Zenon Olbertz of Tacoma, said Wednesday he’s yet to see the lawsuit and declined to comment.
“There’s really nothing to say at this point,” Olbertz said.
The shooting occurred about 10 p.m. June 9 in the 8900 block of 358th Street South.
Morgan armed himself with a handgun and confronted Joey Tobeck and Justus as they were picking up some metal pipe lying alongside the road. The younger men retreated to the pickup, drove to the end of the dead-end street, turned around and were driving back up 358th Street when Morgan opened fire.
The lawsuit brought by Tobeck’s parents contends Joey Tobeck and Justus were only trying to leave and meant no harm to Morgan.
“Mr. Morgan, without being provoked, started to fire his pistol in the direction of the truck occupied by Mr. Tobeck and Mr. Justus,” the suit states. “Mr. Morgan shot repeatedly into the cab of the truck, even after the truck had passed his location.”
The suit seeks undisclosed damages for Joey Tobeck’s “pain and suffering” and “loss of possibility of survival.” It also seeks damages for his parents “loss of parental love” and “loss of his economic support and services.”
Adam Lynn: 253-597-8644
adam.lynn@thenewstribune.com
blog.thenewstribune.com/crime
Twitter: @TNTadam
