AUSTIN, Texas — A new lawsuit accuses an Austin police officer of excessive force following a shooting earlier this year.
That man, who was shot inside his apartment, claims police didn't give him ample time to respond before the officer opened fire.
Police were called out to the Cliffs at Barton Creek Apartments in southwest Austin on April 6 after reports of a physical disturbance.
Bodycam video shows officers knocking on the front door, while another officer stood near a sliding glass door by a balcony. That officer, identified as Gabriel Prado, noticed a man inside approaching the door with a gun.
In the video, Prado is heard screaming that the man had a gun before opening fire. Now the man who was shot, Avelino Medel II, claims Prado didn't announce himself or give him ample time to react.
Medel's attorney said he has concerns about how quickly the incident unfolded.
”All that had to happen was, 'Excuse me, sir, we are the police ... Please put the gun down, we are here to help ... We are here to check on the situation,'" attorney Jeff Edwards said. "That's it. Instead, a young officer recently out of the academy decided to open fire on a person in his own home."
Medel is seeking compensatory and punitive damages after the shooting. Police said Medel wasn't facing any charges at the time, and Edwards claims his client was holding his legally-owned gun pointed in the air but never threatened officers.
"He was prevented from opening the door and telling the officers he had a gun and checking and making sure it was the police," Edwards said. "Mr. Medel never had a chance. He was gunned down."
Police said Medel suffered non-life-threatening injuries in the shooting and was released from the hospital the following day. However, Edwards claims the shooting is a symptom of inadequate training for officers and that his client was seriously hurt in the shooting.
"This young man suffered very serious internal injuries from the shooting and is experiencing what is politely called post-traumatic stress," Edwards said.
Prado was with the department for seven months at the time of the shooting.
KVUE reached out to the city for a response to the lawsuit but has not heard back.