The family of Jay Anderson, the man who was shot and killed by a Wauwatosa police officer last summer, is filing a notice of legal action against the City of Wauwatosa.
Anderson family attorney John Safran says the brief piece of dash-cam video they have been allowed to see does not show Anderson making any kind of threat against the police officer who killed him. Safran says there are a couple times where it does appear that Anderson’s hands drop below his head, as if he’s falling asleep or passing out.
Police say Anderson was shot after he reached for a gun, although his family says the man did not own one.
The notice, which is the first step towards filing a lawsuit against the city, claims neither the police officer nor the city took proper steps to preserve the crime scene. The family says the gun police claim was in the car next to Anderson was never actually photographed inside the vehicle.
The video referenced by Safran has not been released to the public yet. Police have said it will not be available until after prosecutors make a decision about whether to file any charges in the case, which is still under review.