INDIANAPOLIS — The man shot by IMPD officers on New Year's Eve 2022 while sleeping in a rental car in his grandmother's driveway has filed a civil lawsuit against the City of Indianapolis, IMPD Chief Randal Taylor and the IMPD officers allegedly responsible.
Anthony Maclin and his grandmother Vickie Driver filed for a jury trial, punitive damages, compensatory damages and attorney fees against the defendants for the following reasons:
- Excessive Force used by officers
- Indianapolis's maintaining of an unconstitutional custom and practice of failing to discipline officers who use deadly force
- Battery by officers involved
- Negligence by officers involved
- Vickie Driver's emotional distress
According to an IMPD report, officers were dispatched for reports of a suspicious vehicle in the driveway around 4 a.m. The caller, who turned out to be Maclin’s grandmother, Vickie Driver, did not know who the person was because Maclin was in a rental car.
When approaching the car, officers noticed a visible gun. IMPD says shortly after, Maclin moved and the three officers fired their service weapons around 30 times, striking Maclin three times, according to his attorneys.
Maclin continues to recover from his injuries.
"You guys do not know what I have been through, what you guys put me through that day," said Maclin.
Maclin delivered the message to IMPD officers Carl Chandler and Alexander Gregory.
"As of December 31st, I felt like they smacked me in my face big time why because so many things could've happened to prevent us from being here today. It tears me up every day because I see a young man which happens to be my grandson struggle," said Vickie Driver.
"There was many ways to wake someone up sleeping in their car and that was not one of them," said Maclin.
On Monday, officers Carl Chandler and Alexander Gregory appeared in court for their initial hearing on criminal charges relating to the shooting and pleaded not guilty to 7 felony charges. The third officer involved, Lucas Riley, was not indicted.
A Marion County grand jury indicted the officers on Friday.
Records show Riley bailed out both officers for $3,000 cash.
"Who was it that marched in and paid the bail for those officers today? It was the supervisor Officer Riley when they fired 30 rounds, so what sends a better message that we got your back than the supervisor who should've prevented that is the one that's paying their bond," said Steve Wagner.
While the criminal process plays out, Maclin's attorney Steve Wagner wants the city, police chief and department to take action now.
"The chief has the authority to suspend an officer without pay and recommend termination and he can do that right away. He can do that today," said Wagner.
"Enough is enough," said Pastor Timothy Taylor. "IMPD cannot police themselves. IMPD cannot police this community with the trust that is needed until leadership of IMPD can hold its officers accountable for their actions. These officers nearly killed Anthony Maclin. The chief needs to today suspend those officers without pay. He needs to recommend them for termination immediately."
Maclin and his grandmother have also sued the city, IMPD, police chief as well as the three officers involved.
"In this case, Anthony never had a gun in his hand, never. He had a permit and didn't even need one. That's how careful he was. We can't just go around shooting people saying that we have a perception of. That perception could just be that he's a black man in the wrong neighborhood and that's wrong. The perception was not reasonable," said Wagner.
Maclin says his faith gets him through the shooting that he says nearly cost him his life, but still struggles financially, mentally and physically.
"Everyday when he puts on his clothes hes looking at scars, when he moves his hand he's feeling the pain. When he shifts back and forth it s a good possibility that the bullets still in him can move. All of this could have been prevented," said Wagner.
The Black Church Coalition is also calling on the Department of Justice to investigate IMPD following this shooting.
The DOJ told WRTV it cannot confirm or deny involvement.
IMPD statement:
As with anyone under indictment, the officers should be considered innocent unless and until proven guilty in a court of law. Chief Taylor placed both officers on administrative leave following the return of the indictments and he will make a decision on any potential policy violations and disciplinary action(s). This case also will be presented to the civilian-majority Use of Force Review Board at the conclusion of the criminal process. Out of respect for the judicial process, we do not comment on pending litigation.
City response:
“Out of respect for the judicial process, the Office of Corporation Counsel does not comment on pending litigation.”
Office of Corporation Counsel
