AUSTIN (KXAN) – A man who was shot after an April disturbance call turned into an officer-involved shooting, filed a lawsuit against the City of Austin and the officer who shot him.
Attorneys representing Avelino Medel II, the man who was shot, said he was holding a legally purchased firearm and did not pose any danger to anyone when he was shot by the officer in his home.
On Saturday, April 6, APD responded to a disturbance call at an apartment complex in southwest Austin. A caller told dispatchers a physical disturbance could be heard from a nearby apartment, according to APD.
APD said officers located the relevant apartment and announced themselves. Another arrived later and went to a rear patio sliding door. Through the glass, Officer Gabriel Walker Prado saw Mendel holding a firearm and walking toward the front door. Prado yelled, “Gun, gun, gun,” before firing his weapon and hitting Mendel, according to body-worn camera footage released after the incident.
Prado, the officer who hit Mendel, was with the department for seven months prior to the incident. He was placed on administrative leave after the shooting.
“[APD] needs to train its officers that the presence of a legally owned firearm in a home does not authorize the use of deadly force," said Jeff Edwards of Edwards Law. "Mr. Medel was lawfully armed in his home and did not constitute a threat to officers when he went to see who was violently pounding on his door in the early hours of the morning. The officer’s shooting of Mr. Medel without warning was excessive and senseless."
In a statement, a City of Austin spokesperson said they were aware of the lawsuit.
"To maintain the integrity of that investigation, the City will respond through the appropriate court channels," the spokesperson said.
In a press release, attorneys said when officers arrived, they banged loudly on Mendel’s door, prompting him to grab his firearm.
“Though Mr. Medel held his gun pointed up and away from his front door as he approached to see who was outside and posed no actual danger to anyone, the officer suddenly and without warning, fired his service weapon at Mr. Medel, striking him several times, including after Mr. Medel had collapsed to the ground,” the press release read.
