In Collierville (Tennessee) the widow of a man who was shot by police near his home in the summer of 2019, filed a lawsuit against the city and one of the police officers. This writes WMCActionNews5.
The lawsuit was originally filed in state court, but then transferred to Federal court at the request of the defendants.
Alice of Goal in the lawsuit, says that police Collierville violated the civil rights of her husband and used excessive force.
3 Jun 2019 Collierville police responded to a call and arrived at the house on Valleywood Cove, where there could be a suicide.
When officers arrived to a call place, they found 59-year-old David Hoa Lu in his back yard.
“After repeated demands that the man threw the weapon, for reasons still under investigation, one of the officers opened fire and killed a man,” — said the representative of the Bureau of investigation, Tennessee (TBI) Keli McAlister.
The district attorney of Shelby County Amy Weirich asked TBI to investigate the incident.
“Mrs. Joel called 911 to inform them that her husband’s depression, and he had problems with mental health. He took no medication. She also said he took the gun and said he wanted to commit suicide, said the widow’s lawyer Jeffrey Rosenblum. — She never mentioned that he was afraid for his life.”
Alice says her husband was never a threat to anyone but himself.
But in her lawsuit, she says a police officer from Collierville Austin Wescac quickly shot the man “without apparent provocation” and not giving him enough time to obey the order.
“Less than four seconds from the moment the officer started shouting “Drop the gun! Drop the gun!”, and before he shot,” said the lawyer.
“The man was in his back yard. He wanted to commit suicide. He needed help, but instead killed him, said Rosenblum. — Again we have seen our police in the case.”
The plaintiff’s attorney said that the police were called to the house the night before the shooting, but police left when determined that Mr. Joel is not dangerous.
Rosenblum explains that last year was very difficult for his client. Lawyer says recent protests against police brutality have had influence on it.
“She sees what happened to her own husband, and is afraid that this will continue as long as people like it, I will not tell you everything,” said Rosenblum.
But the lawyer Edward Mackenny representing the city Collierville and a police officer, says COP was afraid for the safety of all, including Mrs. Heal.
“He considered Mr. Hoa Lu as representing an imminent threat to her safety and the safety of himself and other officers, and he had to make a decision in a split second,” explained Mackenny.
He said that Hoa Lu was the gun in a position where he might need a millisecond to shoot the wife or the officers.
Counsel for the Respondent says that the officer who left to work in the police, had no choice.
“Nobody says that officer Wingspan woke up that day with a desire to shoot somebody, explained Mackenny. Is the last thing he or any other officer of Collierville wants to do. But he felt he had no choice in the circumstances. The police want to protect our residents — that’s what he was doing in that day.”
McAlister said that the TBI completed its investigation and referred its findings to Varig in early 2020.
Rosenblum says there’s an audio recording, which captures Wingspan, which seems to have confessed to another officer that the gun, Hoa Lu was not directed at him when he fired his weapon.
MacKenna said that there is a record in which his client made a comment, but he said that this comment was not completely clear.
“You can’t pluck one comment out of context and to rely on him,” said Mackenna.
Rosenblum says that audio and other files are now in the possession of the office Weyrich, and the case is still pending.
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