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Photograph of downtown Indianapolis.

INDIANAPOLIS — The family of a man shot by Indianapolis police on New Year’s Eve have filed a tort claim against the city and the officers involved.

“Well, it’s been five weeks since this police-action shooting, and what have we heard from IMPD? Crickets,” said attorney Steven Wagner Monday during a press conference. He represents the family of Anthony Maclin, 24, who he says was in his own car asleep in his grandma’s driveway. Wagner says Maclin’s grandma lives in a tough neighborhood, and Anthony had his licensed gun in the front seat with him.

“So, he had his weapon in the car, available to him if he felt threatened,” Wagner continues, “but he never got to grab that weapon or touch it. He was awoken, turned, and immediately fired upon.”

Wagner says three Indianapolis Metro Police officers fired about 30 rounds into the car, critically injuring Maclin. He survived but needed six surgeries. Wagner says IMPD’s claim the police body camera footage is inconclusive is incorrect because the family has watched the footage. He calls the shooting shocking and unjustified.

“Where do we go from here? Well, today the family. Anthony, and as well as Vicky, filed a tort claim notice against (Mayor) Joe Hogsett, Chief (Randal) Taylor, and the three officers involved,” says Wagner, “asserting civil rights claims for excessive force, and it’s important to understand the excessive force in this case is not just the officers’ ill-advised decision to fire initially, but the incomprehensible actions they took in continuing to fire for several seconds. These three officers emptied their magazines, firing into a car when there was no threat.”

The family wants the raw, unedited body camera footage released immediately, all three officers fired, and for the Marion County Prosecutor’s Office to consider charges against the officers.

Attorney Steven Wagner questioned if a young white man also asleep in his car in a city like Carmel, Noblesville or Zionsville would’ve also been shot by police.

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