The sister of a Black man who was shot dead by Delaware police in January sued the police on Wednesday, saying her brother's death was unjustified and another example of unnecessary deadly force by white police officers against black civilians.
Lymond Moses, 30, was killed at 1am on January 13 in Wilmington when he was confronted by three New Castle County police officers, two of whom fired shots into his car nine times, a deadly gunshot wound to the head, according to a death certificate.
A few hours after the shooting, the police department released a media report stating that Moses fled the police station with his car, struck and destroyed, made a U-turn "and drove at high speed towards the police. Police then released their firearms and beat the driver."
Following pressure from family and civil rights organizations, the police department was ordered in March by Matt Meyer, New Castle County Executive, to release video footage on all three police body cameras.
According to the video, the officers on foot searched for stolen vehicles, found Moses asleep in his car with the engine working, woke him up and asked him to get out of the car.
When they told him they were looking for stolen cars, Moses replied that his car had been stolen, the video shows. After finding marijuana in his car, and telling him that hopping out was not a problem, they repeatedly asked him to "get out." Moses went on his way. While doing so, the officer shouted "motherfucker".
The following results contradict the release of the media, family and the American Civil Liberties Union (ACLU) of Delaware said. They said it was clear from the video that Moses surrounded the officers as they tried to flee, was shot past and chased away.
"It's just not right, how they killed my son," Moses' mother, Rozlie Moses, 50, told Reuters. He said police "killed my son", who was also the father of three children, aged 10, 9 and six months.
At least one expert on police coercion interviewed by Reuters said the documents themselves did not substantiate allegations that the police shootings were improper.
According to the lawsuit, which targeted the police department and New Castle County for police use of the "excessive and inappropriate" police force, none of the three "ever had any reasonable fear of the impending danger."
At the time of the release of the video, Lieutenant Brian Faulkner of the New Castle County Police Department said: "Based on this video, we cannot make a decision as to whether those officers acted in accordance with the rules and regulations, until all facts are known, and that the investigation is complete."
The district official did not respond to requests for comment.
The two officers, whose names have not been released, are 10 years and 3 years veteran in the force and have been placed on administrative leave.
A spokesman for Delaware Attorney General, who is investigating the shooting, said their names would not be released until the investigation was completed.
ACLU Delaware's general manager Mike Brickner, who reviewed the body camera, said: "When he was driving he was clearly avoiding the police. If you look at the two officers who fired shots, it seems they shot him. To prevent him from leaving."
Brickner added: "It's very different from what we were told in the original newspapers."
Mike Leonesio, a former police officer and expert in the use of force by police, said the video alone did not provide a clear indictment for Moses' family because they did not care what the police might have believed about the threat at the time.
After a review of the body's cold record, officials may believe that their colleagues are at risk, which could lead to the use of force, said Leesio, who has nothing to do with the case.
"These videos, while impressive, do not answer whether the shooting was appropriate - legal and final - without further details," he said in an interview.
He cited a U.S. Supreme Court decision in 1989, stating: "The amount of consideration should be limited to the fact that police are often forced to make divisive, volatile, uncertain, and rapidly changing decisions, about the amount of power required in a particular case."
Brickner of the ACLU said the removal of bodycards was a rare occurrence in Delaware, indicating a state law that allows police to not disclose evidence when police shoot with a member of the public.
Brickner said the disconnection between the first press release by the New Castle County police department and the body parts was similar to what happened in the case of George Floyd, who died last May at the hands of former Minneapolis police officer Derek Chauvin. The first media release in the case said Floyd died after a "medical incident." Cauvin was convicted last week of Floyd's case.
Lymond Moses, 30, was killed at 1am on January 13 in Wilmington when he was confronted by three New Castle County police officers, two of whom fired shots into his car nine times, a deadly gunshot wound to the head, according to a death certificate.
A few hours after the shooting, the police department released a media report stating that Moses fled the police station with his car, struck and destroyed, made a U-turn "and drove at high speed towards the police. Police then released their firearms and beat the driver."
Following pressure from family and civil rights organizations, the police department was ordered in March by Matt Meyer, New Castle County Executive, to release video footage on all three police body cameras.
According to the video, the officers on foot searched for stolen vehicles, found Moses asleep in his car with the engine working, woke him up and asked him to get out of the car.
When they told him they were looking for stolen cars, Moses replied that his car had been stolen, the video shows. After finding marijuana in his car, and telling him that hopping out was not a problem, they repeatedly asked him to "get out." Moses went on his way. While doing so, the officer shouted "motherfucker".
The following results contradict the release of the media, family and the American Civil Liberties Union (ACLU) of Delaware said. They said it was clear from the video that Moses surrounded the officers as they tried to flee, was shot past and chased away.
"It's just not right, how they killed my son," Moses' mother, Rozlie Moses, 50, told Reuters. He said police "killed my son", who was also the father of three children, aged 10, 9 and six months.
At least one expert on police coercion interviewed by Reuters said the documents themselves did not substantiate allegations that the police shootings were improper.
According to the lawsuit, which targeted the police department and New Castle County for police use of the "excessive and inappropriate" police force, none of the three "ever had any reasonable fear of the impending danger."
At the time of the release of the video, Lieutenant Brian Faulkner of the New Castle County Police Department said: "Based on this video, we cannot make a decision as to whether those officers acted in accordance with the rules and regulations, until all facts are known, and that the investigation is complete."
The district official did not respond to requests for comment.
The two officers, whose names have not been released, are 10 years and 3 years veteran in the force and have been placed on administrative leave.
A spokesman for Delaware Attorney General, who is investigating the shooting, said their names would not be released until the investigation was completed.
ACLU Delaware's general manager Mike Brickner, who reviewed the body camera, said: "When he was driving he was clearly avoiding the police. If you look at the two officers who fired shots, it seems they shot him. To prevent him from leaving."
Brickner added: "It's very different from what we were told in the original newspapers."
Mike Leonesio, a former police officer and expert in the use of force by police, said the video alone did not provide a clear indictment for Moses' family because they did not care what the police might have believed about the threat at the time.
After a review of the body's cold record, officials may believe that their colleagues are at risk, which could lead to the use of force, said Leesio, who has nothing to do with the case.
"These videos, while impressive, do not answer whether the shooting was appropriate - legal and final - without further details," he said in an interview.
He cited a U.S. Supreme Court decision in 1989, stating: "The amount of consideration should be limited to the fact that police are often forced to make divisive, volatile, uncertain, and rapidly changing decisions, about the amount of power required in a particular case."
Brickner of the ACLU said the removal of bodycards was a rare occurrence in Delaware, indicating a state law that allows police to not disclose evidence when police shoot with a member of the public.
Brickner said the disconnection between the first press release by the New Castle County police department and the body parts was similar to what happened in the case of George Floyd, who died last May at the hands of former Minneapolis police officer Derek Chauvin. The first media release in the case said Floyd died after a "medical incident." Cauvin was convicted last week of Floyd's case.
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