Former DPD officer fired after shooting responds to lawsuit - Dallas News | myFOXdfw.com

Former DPD officer fired after shooting responds to lawsuit

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The former Dallas police officer fired for shooting an unarmed man is responding to his lawsuit.

In documents obtained by FOX 4, former officer Amy Wilburn says her use of force on Dec. 9 was not unreasonable.

These documents were filed Wednesday and include 23 pages of detailed, item-by-item responses of accusations aimed at Wilburn by the man she shot, Kelvion Walker.

One of the most surprising claims is that Wilburn has not seen the official dash cam video of the incident.

Walker, 19, was in the passenger in a stolen car police were pursuing on Dec. 9.

The driver, Reginald Robertson, turned in to the St. Augustine apartments in Pleasant Grove and got out of the car while it was still moving.

Wilburn reportedly ran up to the car, looked inside, then shot Walker.

A witness told investigators he saw Walker with his hands up in the air, surrendering, when Wilburn fired.

In the new legal filing, Wilburn claims she never noticed Walker's hands in the air, and only after he was shot did she realize he was not armed.

Shortly after Wilburn was fired, Chief Brown posted dash cam video of the incident on the Dallas Police Department's Facebook page.

In the court filings, Wilburn says she has not seen the full original video that came from the DPD recordings.

Wilburn says she was trying to stop the car as it rolled toward an apartment and didn't know that Walker was in the passenger seat.

In the new legal filing, Wilburn admits she saw his left hand, but not his right hand.

She also admits Walker did not resist arrest nor try to evade arrest.

"She did what everybody has known since the old west, and that is you don't shoot an unarmed man -- particularly one who has his hands in the air and doing nothing to threaten your life," said Geoff Henley, Walker's attorney.

"She is startled by the presence of this person in the car and she perceives one of his hands in her perception…is one of his hands is going down," said Tom Brandt, Wilburn's attorney. "She can't see it. She, at that point, fears for her safety, draws her weapon and fires."

Walker underwent major surgery after the shooting, and in his lawsuit, claims emergency room doctors had to resuscitate him at one point.

He claims Wilburn violated his Fourth Amendment rights against unlawful searches and seizures by using deadly force on an unarmed suspect who is showing no signs of active resistance.

Wilburn contends in the new legal filings Walker has not proven that claim, and has asked the court to decide if that should even be considered in the case.

She also denies the shooting was excessive force.

Walker's lawsuit also details another high profile case Wilburn was involved in, and calls into question her judgment as a police officer, but Wilburn doesn't think that should be included.

Wilburn was one of the first responding officers in the Deanna Cook domestic violence case.

Cook was the woman who police say was murdered by her estranged husband in August of 2012, after she called 911.

Cook's family filed a federal lawsuit against the city and Dallas police, claiming officers' delayed response led to her death.

Senior corporal Wilburn and her partner volunteered to check on Cook, but didn't arrive at her house until 50 minutes after the 911 call.

Cook's family contends Wilburn and her partner went to check out a burglary call and made a stop at 7-Eleven before going to Cook's house.

In these new legal filings, Wilburn contends her actions in that case should not be involved in the lawsuit regarding the shooting of Walker.

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