[image-1]The details alone of Nicole Devine’s death are ugly. On the morning of November 23, 2014, the tiny 24-year-old Willoughby woman was found dead on a couch in her family room. Her body— 4-foot-9-inches, 85-pounds— had been pummeled, including 10 deadly blows to the head. Police quickly arrested her boyfriend, Domenic Julian, and determined the murder was the last act in a drug-fueled domestic argument.
But new allegations from Devine’s family cast the murder in a further ugly light. They claim Willoughby police officers knew Devine’s boyfriend was in an abusive rage that night, yet instead of intervening, police left her with her abuser — sealing her fate.
The charges are outlined in a federal lawsuit recently filed against the city and six Willoughby police officers.
According to the complaint, around 12:30 a.m. on November 23, police received 911 calls reporting a man was physically assaulting a woman on Adkins Road.
When police units arrived at the scene, they discovered Devine and Julian. One of the officers noted in his report that “it was obvious” Julian had assaulted Devine: there was blood “on her face and in the area of her mouth and nose,” according to the complaint. Devine told police she had been struck by Julian and wanted to go home. Julian denied the violence. Police found a knife and marijuana on his person.
Devine, however, would not tell police more about the assault. The officers did, according to the complaint, interview a neighbor who said they had seen the attack. Police put both Julian and Devine in the back of a patrol car and drove them home. Nicole got out of the car and went inside the house. Julian was given a citation for marijuana possession. Then police let him go.
Julian killed Devine within the next 30 minutes, according to Robert F. DiCello, the attorney representing Devine’s family. “The heart of this case is that officers cannot take people to a snake pit, and then say, ‘Bye! Have a nice day!,'” DiCello told Scene. “Especially when they know that there is a real danger.”
The Devine family’s lawsuit argues Willoughby police had control of the situation when they arrived at the scene, yet then knowingly let the violent Julian continue his attack on Devine. The move is a violation of the state-created-danger-doctrine, as well as reckless, wanton or willful conduct and a wrongful death, among other counts outlined in the suit. DiCello also told Scene that at one point an ambulance was called as the officers were responding to the initial call—-a clear indication the police felt a serious injury had occurred. Yet, the police let the couple go home together.
DiCello said to his knowledge, none of the officers involved were punished or reprimanded for the situation. “Officers can’t just drop people off when the officer has knowledge that someone is in danger and they are likely to be hurt by the choices the officer makes, as in this case,” the attorney added.
Julian pled guilty to murder in July 2015. He’s currently serving a sentence of life in prison with the eligibility of parole in 15 years, according to the News Herald.
Willoughby’s law director did not reply to a call and email for comment on the Devine lawsuit.
This article appears in Jan 11-17, 2017.
Her boyfriend should never have been given a pat on the wrist and then let go! It’s illegal to have possession of drugs. If this were Cleveland, and he was black, he would’ve been arrested. It’s not fair that police are allowed to biased.
My understanding is, under the Violence Against Women act, that when police observe injuries, they must arrest the aggressor even if the victim indicates she does not intend to press charges.
If I’m right, the Willobough police are per se liable, because they did not do their duty and someone was murdered as a result.
How terrible for this lady’s loved ones.
LadyCle1989. You are ridiculous. my 23 year old white son got 16.5 years in prison for breaking into 3 houses and stealing a roll of quarters,piece of cheese and candy. The dishonorable Lake county judge O’Donnell felt this was justice.
He had no prior felonies and did not harm anyone and did not have a weapon. How did being white help him?
What the article failed to state that she was murdered around 12:30 am he NEVER called 911 till 7:30-8:00am called and said ” my girlfriend not breathing and she’s cold” blames it on drugs and alcohol no he is a woman beater he beat on his previous girlfriend/wife never charged I hope he never gets out 15 yrs to life is not good enough for this scum bag
I hope this family wins this lawsuit. It will never bring her back, but it may help the next victim of violence.
Your right paddle it won’t bring her back his parents get to celebrate birthdays see him at least 1x a week tell him they love him we on the other hand get to visit a tree on her birthday planted in her honor …see the blood red wood carving of a domestic violent victim with her date of birth age and date she was murdered by her so called boyfriend ..He received 15 to life ….We lost a life in our hearts we believe if the cops would have done what they were supposed to she would still be here we can only hope that JUDTICE is served its not about the money it’s about AWARENESS to save another life
Another failure to protect women and protect the good old white boys instead.
as a family member I was very close to Nicole she didn’t tell us everything but that docent mean she was any further from our hearts I know I speak for all of us when I say she lives close to all of us not just in our minds but in our heart to.