Man shot New Year's Eve by Indy police files federal lawsuit against chief, city, officers
Scars, bullets still lodged in his body and months of recovery linger for Anthony Maclin after he was shot by police on New Year's Eve.
Maclin and his grandmother who placed the call to police that morning, Vickie Driver, are suing in federal court hoping for some kind of resolution from the events of that day.
"How many more big settlements or jury verdicts is the city going to pay before they put even a small amount of that money into better training and enforcing their policies on the books?" asked attorney Stephen Wagner during a news conference Monday afternoon.
The federal civil rights lawsuit alleges excessive force and battery after the then-24-year-old was shot three times by officers. The suit further accuses the city and Indianapolis Metropolitan Police Department of negligence, and not disciplining officers who use excessive and deadly force.
It also comes after the indictment Friday of two of the officers who responded to the family's home that day in the 3600 block of Oxford Street.
Seeking financial compensation, Maclin and his grandmother said the shooting placed the young man in the hospital for 17 days and forced him to undergo six surgeries, which amounted to nearly $1 million in hospital bills. Driver said to this day, her grandson risks a bullet shifting in his body any time he moves.
Driver tapped into her experience on IMPD's Critical Incident Review Team to share an impassioned message during Monday's news conference.
"So many things could have happened to prevent us from being here today," Driver said. "We talk all the time about police and community, and this is what we get? When we call for help? ... We are afraid to call for help."
Driver said the gunfire has tainted her view of Indianapolis police and called for the department's leadership to "make it right by doing what is right and that is suspending officers (who) do wrong."
"They should not be getting paid while other people are suffering," she said. "It doesn't make sense to me."
The Indianapolis Metropolitan Police Department declined to comment on the lawsuit, with a spokesperson citing the ongoing criminal case. They noted the chief placed the officers on leave after the indictments and is weighing disciplinary actions.
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Maclin was fired on while inside a rental car parked at his grandmother’s home early in the morning of Dec. 31. The young man’s grandmother called 911 to report the unfamiliar car, not realizing Maclin was inside. The family’s attorney said Maclin rented the vehicle while his was being repaired and he planned to surprise his grandmother that morning.
Police, who responded about 4 a.m., asked Driver if she had family in Florida after seeing the rental vehicle bore the state’s license plates. She said she did not.
Shortly after the officers knocked on the car window, a barrage of gunfire ensued.
Officers Carl Chandler and Alexander Gregory fired more than 30 rounds into the car, according to Wagner. The third officer, Lucas Riley, fired once. Riley is not part of the lawsuit or indictment in the case.
Attorneys disagree on whether gun was in Maclin's hand
Maclin had a gun inside the car with him at the time, which the young man confirmed and had a license to carry. Attorneys on both sides, however, have entirely different accounts about what happened with the firearm.
John Kautzman said Maclin grabbed the gun and raised it toward officers.
"Video, testimonial, and other evidence will establish the legality of their actions," Kautzman said in a statement last week, calling the indictments a reach. "(Police) are not only legitimately in fear of their personal safety in an increasingly violent community, but are too often also being placed in legal jeopardy for simply trying to do their jobs."
IMPD's version of events: Edited body cam footage from Anthony Maclin shooting
Wagner said Maclin never had the gun in his hand and did nothing wrong.
"We can't just go around shooting people saying that we have a perception," Wagner said, responding to a question from media about how police approach situations they perceive as threatening. "That perception may just be because he's a Black man in the wrong neighborhood."
Maclin reiterated that officers had nothing to fear when they approached his rental car that morning. When he recalls that moment, he said the memories make him tear up, but he ultimately thanks God he's alive.
"Because ... 30 times, and I get hit three? In a car that's not moving?" Maclin said. "That there shows (the officers) need more training. That's also God protecting. He has a plan."
Contact Sarah Nelson at 317-503-7514 or sarah.nelson@indystar.com
This article originally appeared on Indianapolis Star: Indianapolis police shooting: Anthony Maclin files federal lawsuit
