OLYMPIA, Wash. -- The family of a Tacoma man killed by an ex-convict has filed a wrongful death claim of $45 million against the state.

Attorneys for Darrel Johnson say the Department of Corrections didn't adequately supervise Andrew Brown after his release from jail for second-degree robbery.

Johnson, a retired Port of Tacoma maintenance electrician, was just weeks shy of his 70th birthday when he was attacked January 8, 2005, during the daily walk he took through his east Tacoma neighborhood.

Brown kicked and beat Johnson savagely after discovering he had no money in his wallet. Johnson died five days later and Brown was later convicted of first-degree murder and sentenced to 30 years in prison.

Attorney Jeremy Johnston says damage claims were filed with the state risk-management office on behalf of the victim's estate, his widow and five adult children. He says negotiations with the state are possible, but that a lawsuit will be filed if that doesn't occur.

The DOC had no comment on the case.

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