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State gives $2.2M to family of murdered man

05:55 PM PDT on Wednesday, October 8, 2008

By DREW MIKKELSEN / KING 5 News

Video: $2 million settlement for murdered Tacoma man's family
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OLYMPIA, Wash. – The state is giving the family of a murdered Tacoma man more than $2 million in a settlement after the family says the state could have done more to protect their loved one from his killer.

"There will be changes made so no one else has to go through this," said Mary Garbagni, Darrel Johnson's daughter.

Johnson was murdered in January 2005. The 69-year-old World War II veteran was beaten to death during his morning walk.

Andrew Brown, who was 19 at the time, pleaded guilty and is serving 30 years in prison.

Emotions boiled over at the sentencing when one of Brown’s family members said to Johnson’s family in court, "The man was 69. What do you think, he was going to live forever?"

After the sentencing, Johnson’s family sued the state because of Brown’s actions before the attack. At the time, Brown was under state supervision for a 2004 robbery conviction. The family’s attorney says Brown admitted at the time that he was in a gang, used and sold drugs, skipped meetings with the Department of Corrections and was even arrested in Puyallup.

But the DOC never took him back into custody.

Last week, the state apologized and settled with the Johnsons for $2.2 million.

"There's no amount of money that's going to bring him back," said Johnson's wife, Peggy.

Johnson’s family says they didn’t sue for the apology or the money. They just wanted to hold the state responsible for lack of action. That’s what their dad would have wanted.

"You did wrong. You were held accountable for your wrongs and you faced the consequences," said Barbara McDonald, Johnson's daughter.

The state’s corrections secretary was not available for an interview, but the state supervision of offenders has “improvec significantly since 2005.”

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