The New York Times has reported that the son of an ex-Marine killed by New York police officers in a White Plains apartment in 2011, has filed a wrongful death lawsuit against the city and the police force.
K.C. Jr. claims in the suit that the department used excessive force and were criminally negligent when they confronted K.C. Sr., 68, as officers responded to a medical distress call.
Several officers were named for "unreasonable and unnecessary" force and one officer, the one that fired the fatal shot, for failing to have "cause or justification."
K.C. Jr. told reporters that the lawsuit was filed as "just another step in trying to get justice for my father."
On November 19 of last year K.C. Sr.'s medical alert pendent went off. After repeated failed attempts from an operator to get a response, police officers were dispatched to his home.
Officers that arrived on scene documented that K.C. Sr. was "acting irrational" as he held a knife through an opening in his front door. As K.C. Sr. failed to open the door completely officers broke it down.
Once inside the apartment officers fired a Taser and then a shotgun full of beanbag ammunition in an effort to subdue K.C. Sr. Their methods, according to the police report, failed. K.C. Sr., allegedly holding a butcher knife, moved quickly towards Officer A.C.
Officer A.C. defended himself by fatally shooting K.C. Sr. with his .40 caliber pistol.
The lawsuit suggests that the events occurred quite differently: K.C. Sr. felt that officers were taunting him by banging on his front door and windows – and he feared for his life.
The suit alleges that K.C. Sr. did respond to the officers by telling them that he did not require their assistance. He then asked them to leave just as they were breaking down his door. There is no mention of K.C. Sr. having a knife in the suit.
Randolph McLaughlin is the lawyer representing K.C. Jr. McLaughlin said that he believed the police did not have the evidence needed to support their claim that they found K.C. Sr. to be threatening them with a butcher knife.
The City of White Plains, the White Plains Housing Authority and several White Plains police officers are named in the lawsuit.
K.C. Sr.'s death is under federal investigation for civil rights violations.
Police officers have not been indicted in the case as a grand jury voted against it. Westchester County district attorney Janet DiFore said that the jurors found "no reasonable cause" to indict Officer A.C. in K.C. Sr.'s death.
McLaughlin said that his client had been "extremely patient with law enforcement," and "it's time for us to take this step so that we can find out what happened."
While you may be grieving for the loss of your loved one, consider whether their death was due to negligence, or the direct cause, of another person or group. If this is the case, contact a personal injury lawyer today for help!