Family of man fatally shot sues APD officers for wrongful death, excessive force

AUSTIN (KXAN) -- The mother of Anthony Marquis Franklin, a man fatally shot by APD officers on Jan. 15, has sued those officers, claiming body camera footage shows officers opened fire "less than a second" after her son had fallen on his back.

Attorneys for the family said officers shot at Franklin when he was “on the ground crouched in the fetal position."

The shooting occurred in downtown Austin just before midnight on Jan. 15, near Sixth Street and Colorado Street.

Franklin's family and their attorneys, Harry Daniels, Bakari Sellers and Nathaniel Mack III, held a press conference on Tuesday outside of the U.S. District Court in Austin.

"Mr. Franklin posed no threat to the officers. The video was clear," said Mack at the press conference. " But unfortunately, Mr. Franklin was gunned down by members of the Austin Police Department, we believe we know is unjustified. We're here today to showcase what we're prepared to do, which is fight for justice."

The APD Public Information Office tells KXAN the officers involved in the incident are not yet cleared to speak about the case.

APD on incident

APD said around 11:30 p.m. that night, officers were searching for a suspect after receiving multiple 911 calls reporting shots fired in the West Sixth Street area.

The initial suspect description was "a black male, thin build, 6'1" to 6'2", with "afro style hair," and wearing all dark clothing," according to APD. A victim was found at Fifth Street and Lavaca Street with a non-life-threatening gunshot wound.

Around 11:43 p.m., APD officers Kelby Radford, Ryan Rawlins and Jacob Bowman spotted Franklin, who APD said matched the suspect description. The officers said they saw Franklin was armed, according to APD.

"The officers gave Mr. Franklin several commands to drop the gun. Mr. Franklin did not comply with the officers' orders," an APD release states.

Franklin then ran from the officers and officers followed, yelling for Franklin to drop the gun and show his hands. At West Sixth Street and Colorado Street, Franklin ran onto a porch before jumping off the porch.

"Within seconds, all three officers fired their Department-issued firearms at Mr. Franklin, striking him," APD's release states, "Mr. Franklin threw the gun toward a vehicle parked on the street near him. The gun landed directly in front of Mr. Franklin."

After shooting Franklin, officers attempted life-saving measures. Austin-Travis County EMS transported Franklin to a hospital. At 12:30 a.m. on Jan. 16, Franklin was pronounced dead.

Lawsuit details

Dorothy Motley, Franklin's mother, spoke at Tuesday's press conference.

"Anthony did not deserve to die like he did. He was a good person," Motley said. "He was hard working. He was getting his things together. It was uncalled for and unjustified. They killed my son for no reason."

The attorneys representing Motley claim body camera footage released by APD shows the officers used excessive force.

The lawsuit states Franklin fell on his back after he jumped from the porch, and Radford shot Franklin several times "less than a second" after the fall. The lawsuit also states Radford continued to fire "over ten times" at Franklin as he curled into a fetal position.

Rawlins and Bowman also fired at Franklin from an APD ATV.

"At the time, Mr. Franklin was shot by the Defendants, he did not pose an immediate threat to the public nor the Defendants," the lawsuit states.

Daniels spoke about the moment during Tuesday's press conference.

"Blood is in the streets of Austin, Texas, of Anthony Franklin; the nation should be outraged that a law enforcement officer can shoot and kill a person in this manner," Daniels said.

Attorneys claim the officers violated Franklin's fourth amendment rights by using excessive force, calling the officer's actions "malicious and/or involved reckless, callous, and deliberate indifference" to Franklin's rights.

Motley seeks damages and requests a jury trial in U.S. District Court before Western District of Texas Judge Lee Yeakel.

The initial filing can be read below:

According to court records, the officers have not yet been served the lawsuit.

The case is still under investigation and the officers are on paid administrative leave.