What we know about the legal demand Anthony Maclin filed after he was shot by police

Johnny Magdaleno, Indianapolis Star
·4 min read
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The city of Indianapolis and its police department have been sent a legal demand for financial compensation by a man who says officers shot him multiple times at the same time they were asking him to put his hands up.

Anthony Maclin was hit three times by gunfire from Indianapolis Metropolitan Police Department officers while he was in a rental car outside his grandmother’s house early in the morning of Dec. 31. He had a gun on his lap, but his attorneys say body camera footage from the shooting never shows Maclin with the gun in his hand.

'So many gunshots': Vicki Driver describes moment she realized police shot her grandson

“The officers had no justification whatsoever to use deadly force on Anthony,” Maclin’s attorneys wrote in a tort claim sent to the city Monday. “Anthony never picked up his handgun. He never pointed it at the officers. He never threatened the officers. He was not breaking any laws.”

His attorneys say the only command officers gave to Maclin was to raise his hands – a command they say came at the same time officers began to fire more than 30 rounds at the car.

Maclin was hospitalized for 17 days and underwent six surgeries, his attorneys said. They say he will be out of work for a minimum of three months.

What police say happened the night Anthony Maclin was shot

Anthony Maclin was hospitalized with several gunshot wounds after Indianapolis Metropolitan Police Department officers shot him Dec. 31, 2022 while he was parking in his grandmother's driveway on North Oxford Street.
Anthony Maclin was hospitalized with several gunshot wounds after Indianapolis Metropolitan Police Department officers shot him Dec. 31, 2022 while he was parking in his grandmother's driveway on North Oxford Street.

The department, in a news release after the shooting, said it appeared Maclin was sleeping in the driver’s seat of the running vehicle and one officer alerted other officers there was a gun on the man's lap.  An officer ran the plate, which was out of Florida, and verified with the homeowner she did not have family from Florida. The release says officers intended to open the door and quickly grab the firearm, but the doors were locked.

"Nearly three minutes after arriving, the officer knocked on the window and announced, 'Police. Hands up'," the news release stated.

The department said Maclin had moved his arm toward the officers before they opened fire, but noted it wasn't clear if the gun was in his hand, and that there was no indication he had fired any rounds.

IndyStar has requested additional comment from Indianapolis police.

Previously:Indy police shoot homeowner's grandson in parked car with gun next to him

Who are the officers who shot Anthony Maclin

The officers were identified by the department as Lucas Riley, a four-year veteran; Alexander Gregory, a three-year veteran; and Carl Chandler, a five-year veteran. Police have promised to be "fair and transparent" about the shooting while "protecting the integrity of criminal investigations and officer safety."

Was Anthony Maclin allowed to carry a gun?

Lawyers for Anthony Maclin, who was shot by police Dec. 31, 2022, provided a photo of his license to carry that was issued in July 2016. Attorneys redacted his identifying information. The state of Indiana no longer requires a license to carry a handgun.
Lawyers for Anthony Maclin, who was shot by police Dec. 31, 2022, provided a photo of his license to carry that was issued in July 2016. Attorneys redacted his identifying information. The state of Indiana no longer requires a license to carry a handgun.

Indiana law was changed in July 2022 and a permit is no longer required to carry a firearm if the person is otherwise not prohibited from having a weapon.

Still, attorneys provided a copy of Maclin’s lifetime Indiana permit to carry a handgun, which was issued in July 2016 and confirmed there was no reason his license would be revoked.

"Anthony has not been convicted of any crimes other than speeding tickets," his attorneys said.

'Constitutional carry':Gov. Holcomb signs bill eliminating permit requirement to carry handguns in Indiana

Why Anthony Maclin's grandmother didn't recognize the car

Officers arrived that morning after Maclin’s grandmother, Vicki Driver, called police to report an unknown vehicle in her driveway. Maclin was visiting from Ohio, according to his attorneys, and had rented a car that police said had Florida plates. His car was being repaired in Indianapolis.

“Anthony planned to surprise his grandmother the next morning and take her out for breakfast before picking up his car at the dealership,” the claim states.

While making the call for help Driver also allegedly “informed the dispatcher that she didn’t know if it’s one of her kids.”

More:After police shot 911 caller's grandson, is the community afraid to call for help?

What Anthony Maclin and Vicki Driver are seeking in their legal claim

Anthony Maclin stands with his grandmother Vicki Driver. Maclin was shot by police Dec. 31, 2022 while inside a rental car parked in his grandmother's driveway.
Anthony Maclin stands with his grandmother Vicki Driver. Maclin was shot by police Dec. 31, 2022 while inside a rental car parked in his grandmother's driveway.

While the tort claim doesn’t list how much money they’re requesting – attorneys wrote that the figure is unknown at this time – it says Maclin and Driver are expecting to be compensated for “medical expenses, counseling expenses, lost wages, disfigurement, pain and suffering, and emotional distress.”

Maclin and Driver are also asking for IMPD to publicly release the body camera footage from the shooting, and for the three officers involved in the shooting to be fired and criminally charged.

What is a tort claim?

A tort claim is a necessary first step for those seeking damages compensation from the city. Indianapolis now has 90 days to either approve or deny the claim. If the claim is denied, Driver and Maclin can decide if they want to sue the city and the Indianapolis Metropolitan Police Department in court.

This article will update.

Call IndyStar courts reporter Johnny Magdaleno at 317-273-3188 or email him at jmagdaleno@indystar.com. Follow him on Twitter @IndyStarJohnny

This article originally appeared on Indianapolis Star: Indianapolis police shoot Anthony Maclin: What you should know