A federal lawsuit filed this week alleges that an Austin police officer shot at a guy multiple times through an apartment door without first attempting to de-escalate the situation.
According to the lawsuit, Officer Gabriel Walker Prado used excessive force when he fired four bullets at Avelino Medel II, who was unaware that police had arrived at his Southwest Austin apartment on April 6. Medel, 31, was shot twice in the thigh and shoulder, according to his lawyer, Jeff Edwards.
According to the lawsuit, when police knocked on Medel’s front door, he approached it with a legally held revolver pointed high. Prado, who wasn’t standing at the front entrance, shot Medel through a sliding glass door, according to Edwards.
Medel never pointed the pistol at anyone or discharged it, according to his counsel. According to authorities, the shooting occurred at the Cliffs at Barton Creek, located at 3050 Tamarron Boulevard.
“The city is aware of the lawsuit,” said David Ochsner, spokesman for the Austin Police Department. “To maintain the integrity of the ongoing investigative process, we will respond through the appropriate court channels.”
“The Austin Police Department needs to train its officers that the presence of a legally owned firearm in a home does not authorize the use of deadly force,” Edwards told the crowd. “The law states that someone must do something that makes a reasonable person believe they would use the gun to shoot or harm someone. The mere possession of a firearm does not guarantee that it will be used in an inappropriate manner.”
Medel was having a conversation with his father in his apartment early on April 6 when a neighbor called police to complain about noise, according to the lawsuit. Prado, who had graduated from the police academy seven months before, arrived with other cops and stood outside the apartment’s glass doors, according to the report. He reported to other police that he witnessed Medel and an elderly man, later identified as Medel’s father, “just yelling,” the lawsuit states.
When one cop hammered on the apartment’s front door, Medel was startled and “as a precaution, he grabbed and held his legally-owned gun, pointed up in the air,” the lawsuit claims. According to the report, Medel had no idea cops were approaching his front door.
Prado panicked and said, “He’s got a gun, gun, gun,” according to the claim.
According to the claim, without warning, Prado shot Medel three times through the glass doors.
“Prado never attempted to de-escalate the situation, never told Medel to drop his gun, and never warned Medel that he was going to shoot him,” according to the claims. “He could have done all of these things before firing at Medel, avoiding the entire incident.” After Medel had been shot several times and had slumped to the ground, Prado shot him one more time.
Medel was bleeding on the floor when he “reached up and turned the handle to open the front door for the other officers,” according to the suit. “Though he could see Medel was moving slowly and keeping his hands visible to let the officers into the apartment, Prado twice yelled at Medel to stop moving or I’ll shoot you again while continuing to point his gun at Medel.”
The paper states that no charges were ever filed against Medel.
The Police Department later revealed body-camera footage that shows an officer beating on the door and proclaiming that he is with the police, followed by rounds fired two seconds later.
The lawsuit, filed on Wednesday, does not indicate the amount of damages requested. Medel’s wounds are not healing properly, so he should consult a wound care professional, according to Edwards.
“He’s in severe physical pain,” Edwards stated.
Medel has a limited range of motion in his shoulder where he was shot, and he has difficulty walking due to a wound in his thigh, according to his counsel. Edwards also stated that Medel suffers from post-traumatic stress disorder as a result of the incident.
What occurred to Medel might happen again because police are frequently summoned to apartment complexes for noise disturbances or domestic violence situations, according to Edwards.
“You are going to have police looking in windows and glass doors,” he told me. “The next person who walks to the door with a weapon, I’d like for them not to be killed unless there’s an immediate need.”
Prado was placed on administrative leave following the incident, according to a police news release. Edwards said he didn’t know if Prado was reprimanded for the shooting.