A federal jury ordered 69-year-old David Walls-Kaufman, a chiropractor and former congressional staffer, to pay $500,000 in damages for assaulting Metropolitan Police Officer Jeffrey Smith during the Jan. 6 attack on the Capitol. The money will go to Erin Smith, the officer’s widow, and to Smith’s estate.
On Friday, June 20, the jury awarded Smith $380,000 in punitive damages, $60,000 in compensatory damages, and an additional $60,000 for pain and suffering. The eight-member jury also found Walls-Kaufman liable, concluding that he assaulted Smith during the Jan. 6 attack.
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Officer’s widow files civil claim after suicide
Smith died by suicide nine days after the Capitol attack, leading his wife to file a wrongful death lawsuit against Walls-Kaufman. A federal judge later dismissed that claim ahead of jury deliberations.
Smith’s wife says Walls-Kaufman hit her husband in the head, causing a concussion and brain injury that led to severe depression. She claims that prior to the incident, her husband didn’t have a history of mental illness.
Court documents explain, “Kaufman, in turn, violently swung the cane and struck Officer Smith in the face/head. Officer Smith was in a particularly vulnerable situation because his face shield was up (leaving his face and eyes exposed).”
Over 100 officers were hurt during the Capitol riot. Capitol Police Officer Brian Sicknick died the following day from a stroke, after clashing with rioters. Another officer, Howard Liebengood, died by suicide soon after the attack.
Walls-Kaufman maintains innocence
The defense argued that the plaintiffs could not prove Walls-Kaufman intentionally harmed Smith. Additionally, the defense maintained that the evidence does not support Walls-Kaufman ever hitting Smith.
His attorneys say the video is unclear, there are no eyewitnesses confirming the strike and Smith’s own injury reports and medical records don’t mention any assault or injuries related to Walls-Kaufman.
The defense also says Smith was cleared for duty after Walls-Kaufman’s alleged actions, and no evidence links those actions to the suicide.
Defendant previously served jail sentence
The government asked a judge to give Walls-Kaufman 60 days in jail in 2023, three years of probation, 60 hours of community service and $500 in restitution for his role in the Jan. 6 attack on the U.S. Capitol. Walls-Kaufman, who was 66 at the time, pleaded guilty to illegally entering the Capitol, according to court documents.
Federal prosecutors said Walls-Kaufman was among the first rioters to enter the building through the Rotunda doors. He went into a conference room for the speaker of the House and joined a mob trying to break into the Speaker’s Lobby, where lawmakers were sheltering. He also got into a scuffle with police while being removed.
At the time, the government under former President Joe Biden said Walls-Kaufman’s actions were part of a violent, coordinated effort to disrupt Congress’ certification of the 2020 presidential election results. He and nearly 1,600 others charged in the attack were later pardoned by President Donald Trump after he returned to the White House in January.
The pardon shielded Walls-Kaufman from further criminal prosecution for his role in the riot, but it does not protect him from civil liability.
In the U.S., presidential pardons apply only to federal criminal offenses, not civil lawsuits filed by individuals. That means even after a pardon, individuals like Walls-Kaufman can still be held financially responsible for harm caused during the riot.
contributed to this report.