AUSTIN, Texas — The family of a man shot and killed by Austin Police Department (APD) officers is filing a federal lawsuit against the three officers involved.
Anthony Marquis Franklin's family and their attorneys announced the lawsuit on Tuesday morning in front of the Austin Federal Courthouse, located at 501 W. Fifth St.
On Jan. 15, the APD received multiple 911 calls of shots fired in the downtown area. Officers found one victim, who survived.
A few minutes later, three officers riding in a utility vehicle said they found a man, later identified as 31-year-old Franklin, who fit the description of the shooter. Police directed Franklin to drop his gun but said he began running away, leading one of the officers to follow him.
When they arrived at Colorado Street, police said Franklin ran onto the porch of a building. When he jumped off and fell to the ground, that's when all three officers fired their weapons, as seen in body camera footage released by APD.
Franklin was pronounced dead a short time later at the hospital. The officers involved – Kelby Radford, Ryan Rawlins and Jacob Bowman – were placed on administrative leave.
In late February, KVUE's Isabella Basco reported that attorneys for Franklin's family were calling for the officers' arrest and prosecution.
"You don't shoot a man in the back, especially when he's down on the ground. That's exactly what happened," civil rights attorney Harry Daniels said.
When asked if Franklin was ever identified as the "original shooter," the attorneys told Basco they hadn't seen any evidence.
"What we're talking about in this incident is a man who was no longer a threat to anybody, including himself. He was not a threat to the officers," said Bakari Sellers with Strom Law Firm.
Now the attorneys and Franklin's family have announced the federal lawsuit against officers Radford, Rawlins and Bowman.
"They killed my son. For no reason. He was a human being," Dorothy Motley, Franklin's mother, said Tuesday.
The family is suing the officers for wrongful death, assault and battery, and excessive force in violation of the Fourth Amendment. The family's attorneys reiterated that they believe the body camera video shows there was no imminent threat when officers began shooting at Franklin.
"That video is crystal clear. Running is not against the law, never been against law. Having a gun ... I know in Texas, it ain't against the law. But what's against the law is that person crouched down, balled up and being fired upon over 20 times," Daniels said.
KVUE reached out to the APD and the City of Austin for comment. A City spokesperson said the City "has not seen or been served with this lawsuit at this time, but will review it once it has received service."