Family of man shot dead by police sues officer for 'excessive and deadly force'

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The friends and family of a Black man who was fatally shot by constabulary successful Georgia person revenge a national suit against nan serviceman responsible for nan usage of "excessive and deadly force."

Devonte Brown, 28, a begetter of four, was killed by Cobb County Officer Ian McConnell successful August 2021 aft his car was boxed successful by constabulary vehicles aft a little pursuit pursuing a postulation stop. The serviceman was not charged aft nan lawsuit was considered by a expansive jury.

The lawsuit caused outrage erstwhile video footage of nan incident captured by nan officer's body-worn camera was released past year, showing nan serviceman shooting nan unarmed Brown while he was still successful his car, obscured by airbags, soon aft telling him to put his hands up.

The lawsuit, which is backed by nan NAACP and nan family of a Black teen changeable dormant by Cobb County Police, besides alleges McConnell caused Brown's wrongful decease while committing battle and battery.

The suit recounts really Brown was stopped for "driving erratically" adjacent Powder Springs Road and State Route 120A successful Marietta, astir 20 miles northwest of downtown Atlanta. He was asked to show his licence but refused, constabulary said. The serviceman who stopped him called for backup and asked him to parkland his car — but alternatively Brown drove off.

After a short chase, Brown collapsed into a actual pillar, inflating his car's airbags. McConnell was nan past serviceman to get connected nan segment and rammed his patrol conveyance into nan driver's broadside of Brown's car, nan suit said, boxing him successful and cutting disconnected each intends of escape.

McConnell shouted for Brown to "get your f---ing hands up" earlier shooting 7 times, pausing and firing 5 much rounds.

Out of nan 12 bullets fired, 8 deed Brown, nan suit said. No different officers opened fire.

The lawsuit, which is seeking a assemblage trial, said McConnell acted "with shocking and willful indifference to Devonte Brown’s authorities and pinch conscious consciousness that it could origin Devonte Brown terrible bodily harm aliases death."

The Georgia Bureau of Investigation said successful 2021 that a firearm was later recovered successful Brown's car.

"The Cobb County Police Department and nan District Attorney’s Office person made it very clear that they aren’t willing successful seeking justness for Devonte Brown aliases his family," said Bernarda Villalona of Villalona Law, which is handling nan case.

"They want america to conscionable spell away. They want this family and this organization to conscionable beryllium down and unopen up. But we’re not going away. We’re not going to fto them expanse this nether nan rug. This family deserves justness and if nan DA’s agency won’t conflict for it, we will," she said.

"Let’s beryllium clear. It’s not conscionable that Devonte Brown wasn’t a threat. He couldn’t person been," said Chantel Cherry-Lassiter, from The Law Offices of Harry M. Daniels, which besides represents nan family.

"He was trapped successful a car pinch nan airbags deployed. He couldn’t move. He couldn’t see. He was defenseless. That’s why nan different officers connected nan segment didn’t fire. But Ian McConnell did. He killed a helpless man for nary logic and he shouldn’t get distant pinch it," she said.

The Cobb County Police Department has been contacted for comment.

The section told NBC connection WXIA of Atlanta in a statement that it respects nan expansive jury's determination not to bring charges against McConnell but said it could not talk nan lawsuit successful afloat owed to "ongoing ineligible proceedings."

Monica Brown, Devonte Brown's aunt and adoptive mother, told NBC News successful 2021 that location was nary logic for him to die.

"I consciousness for illustration this was excessive force," she said. "He couldn’t spell anywhere. They surrounded him."

She asked police: "Was this necessary? Was location immoderate measurement you could person de-escalated nan business wherever we could still person him pinch us?"

Patrick Smith

Patrick Smith is simply a London-based editor and newsman for NBC News Digital.