AUSTIN, Texas — The family of a teenager who died after a shooting in Downtown Austin in 2021 is suing the City of Austin, claiming an Austin police officer was the one who shot him.
Seventeen-year-old Michael Carothers died after being shot near Sixth and Sabine streets in October of 2021.
Three Austin Police Department officers were handling a DWI call nearby when they heard shots and ran over.
At the time, officials said those shots came from a separate group and Officer Glenn Vargas fired his weapon, but police weren't sure if Vargas' bullets hit anyone.
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In the lawsuit, Carothers' father claims his son was an innocent bystander and that Vargas "negligently and recklessly" fired his gun in the middle of downtown. The lawsuit alleges Carothers was exiting a local store at the time Vargas fired shots.
“Officer Vargas did not know who was in the path of his bullet – but he knew he was in a populated area in downtown Austin with innocent bystanders out and about,” the lawsuit reads in part.
Two other officers who were with Vargas heading toward the gunshots did not discharge their firearms, “as it was dangerous, reckless and unreasonable to do so with high likelihood of striking an innocent bystander such as Carothers, Jr.,” the lawsuit says.
In an emailed statement, a spokesperson for the City of Austin told KVUE, "The City of Austin has not been served on this lawsuit yet, but we will follow the appropriate process and stand ready to defend the city."
Following the incident in 2021, APD released bodycam and dashcam footage from the scene.
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