County OKs Settlement in Death Suit : Keyword: Widow and daughter of Jeffrey Bray, killed last year by reserve deputy, will receive millions over lifetime from $1.95-million payment.

San Diego County officials agreed Friday to pay $1.95 million to the widow of Jeffrey Bray to settle a wrongful death lawsuit filed against the county and the two Sheriff’s deputies involved in Bray’s death.

According to terms of the settlement, the county will put $1.95 million into a cash annuity that could provide Lena Bray and her daughter, 5-month-old Amanda, with millions of dollars over the course of their lifetimes, said Gerald Davee, the Brays’ attorney.

Lena Bray, 23, was pregnant when Jeffrey Bray, 21, was gunned down May 10 by Reserve Deputy John Wickham. Wickham and Sheriff’s Deputy William C. Fewell were following Bray because they mistakenly thought he was driving a stolen pickup. Bray was shot in the driveway of his apartment complex in Vista, when he stopped suddenly and backed up.

Wickham and Fewell thought he was trying to ram their patrol car, Sheriff’s Department officials said. Bray was shot in the head by one of three 9-millimeter rounds fired by Wickham. He died at the scene. Fewell also fired his own .357-caliber revolver at Bray’s truck.

County Assistant Chief Administrative Officer David Janssen said Friday the cash settlement will be paid from the county’s liability reserve account. The account, which now has $2.8 million, will be nearly depleted by the settlement and presents another setback to the financially strapped county.

“It will have to be replenished from next year’s budget, but (the $1.95-million settlement is) unbudgeted for next year, which will add to our deficit,” Janssen said.

The current county budget is in effect until June 30. The new fiscal year begins July 1.

Board of Supervisors Chairman John MacDonald said the money might have to come out of next year’s budget.

“I don’t know how it can come out of this year’s budget. But I can’t give you a specific answer about where we’re going to get the money to pay for this, other than to tell you that it has to be paid and will be paid,” MacDonald said.

He said the board agreed to settle with Lena Bray because county counsel advised the supervisors that “it was the best course of action.”

Davee, Lena Bray’s attorney, said the county will buy an annuity through Metropolitan Life Insurance Co. and make payments to Lena and Amanda Bray for the rest of their lives. The income received by Lena and Amanda Bray over their lifetimes “will be in the millions of dollars,” the attorney said.

“It is structured to provide Lena and Amanda with lifetime incomes, as well as inflation protection, because the amount goes up every year,” Davee said. “It also provides lump sum payments at various times during the lives of each of them, including paying for Amanda’s college expenses.”

He added that Lena Bray was pleased by the settlement but “would gladly exchange all of this money if she could have her husband back and her baby could have a father.” The woman, who now lives in Guntersville, Ala., could not be reached for comment.

The settlement with Bray’s widow does not cover a second wrongful death lawsuit filed against the county by Bray’s parents, Joe and Brenda Bray of Conway, Ark. Despite attempts to settle the lawsuit, the case is scheduled to go to trial in U.S. District Court in November.

Friday’s out-of-court settlement also closes the book on any further litigation by Lena Bray against Wickham and Fewell. The settlement also covered any possible liability on their part, Davee said.

Sheriff Jim Roache dismissed Wickham earlier this month. Roache declined to specify the reason for Wickham’s dismissal, but said it was for the good of the department. He also said that Wickham’s previous job performance played a role in his decision.

Although Dist. Atty. Edwin Miller cleared Wickham and Fewell in the shooting, Davee said that Lena Bray remains hopeful that the two men will one day face criminal charges for killing her husband.

“She’s not out for a pound of flesh out of their hides. But she’s not happy that nothing has really happened to the deputies. Sure, Wickham was dismissed, but that’s all. Fewell is back on the job, and that should be a concern to the public,” he said.