Man Shot by Police Takes Legal Action

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PRESS RELEASE

Indianapolis, IN

February 6, 2023

On December 31, 2022, 24-year-old Anthony Maclin was the victim of a shocking and unjustified police action shooting. Anthony was sleeping in a vehicle in front of his grandmother, Vicki Driver's, house in the 3600 block of North Oxford Street in Indianapolis, when three IMPD officers woke him up by tapping on the car window. As soon as Anthony woke up and turned toward the officer who tapped, all three officers needlessly opened fire, sending more than 30 rounds into the car. Anthony was struck three times and suffered life-threatening injuries. He was hospitalized for 17 days and underwent 6 surgeries. Anthony is still recovering from his injuries and will be off work for at least three months.

Anthony and Vicki are represented by Attorneys Stephen Wagner and Laura Swafford from Wagner Reese, LLP, and Attorney Mark Nicholson from the Law Office of Mark Nicholson.

The Shooting

Mr. Wagner notes, “This police shooting was different than most you see in the news. Anthony is not accused of committing any crime. He was not drunk or high on drugs. While Anthony had a firearm in the car—and a license to carry the firearm—he never reached for the gun. He never had the gun in his hand, and he certainly did not point the gun at officers. In the end, Anthony's only ‘offense' was being a young black man in a high crime neighborhood. This ‘shoot first and ask questions later' approach to policing is illegal and cannot be tolerated.”

The shooting occurred more than five weeks ago, and IMPD has still not released the body cam video footage of this incident. IMPD claims that the body cam footage is “inconclusive” as to whether Anthony ever pointed a gun at officers. Anthony and his family have seen the body cam video and want to set the record straight. The video is not “inconclusive” as to whether Anthony ever pointed a gun at officers, as IMPD claims. The video is clear, and you never see Anthony with a gun in his hand, and you certainly do not see him pointing a gun at officers. Officers never told Anthony to “drop the gun!” In fact, their only command to Anthony—one given as they began firing—was to “Raise your hands!” Not only was the officers' decision to fire unwarranted, but the sheer amount of rounds fired was clearly excessive. For several seconds, all three officers unloaded their magazines, with no return fire.

Tort Claim

Today, Anthony Maclin's legal counsel sent a Tort Claim Notice to Mayor Joe Hogsett, IMPD Chief Randal Taylor, and IMPD Officers Carl Chandler, Lucas Riley, and Alexander Gregory. The Notice asserts Anthony's claims against the three officers for excessive use of force in violation of the Fourth Amendment of the United States Constitution. Additionally, the Notice asserts Vicki's claim for emotional distress for having to witness the horrific shooting of her grandson in her own driveway.

Anthony Maclin and his family are also calling for the following actions to be taken immediately:

•      IMPD to immediately release the unedited officer body cam footage of this incident

•      IMPD to terminate the employment of officers Chandler, Riley and Gregory

•      The Marion County Prosecutor to criminally charge all 3 officers for their criminal actions

                                       Attorneys for Anthony Maclin & Vicki Driver

Stephen M. Wagner                                                                                     Mark Nicholson

WAGNER REESE, LLP                                                                                 Law Office of Mark Nicholson

11939 North Meridian Street                                                                     9702 E. Washington St. STE 171

Carmel, IN 46032                                                                                          Indianapolis, IN 46229

Email: [email protected]                                                      Email: [email protected]

Cell phone: (317) 431-6966                                                                          Phone: 317-667-0718