Teen sues Dallas corporal who wounded him in disputed shooting

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by MATT GOODMAN

WFAA

Posted on December 18, 2013 at 4:37 PM

Updated Wednesday, Dec 18 at 5:54 PM

DALLAS –– The Spruce High School student wounded during a disputed officer-involved shooting filed a civil suit Wednesday against the senior corporal who hospitalized him. 

The suit was filed Wednesday in the United States District Court for the Northern District of Texas. 

On Dec. 9, Kelvion Walker was in the passenger seat of a maroon vehicle as Reginald Robertson, 19, steered it into the St. Augustine Townhomes in southeast Dallas. A police cruiser followed behind. Robertson soon fled and, according to the lawsuit and the apartment manager who witnessed the incident, Walker had his hands up.

Sr. Cpl. Amy Wilburn fired, striking Walker in the abdomen. According to Deputy Chief Gil Garza, she fired the weapon when Walker attempted to exit the vehicle. The suit however, says he was standing still with his arms above his head. 

“I just had my hands up and I seen her look at me and I looked at her and she just fired,” Walker said Tuesday from Baylor Medical Center. “I was just shocked and I said, ‘Why did you shoot me?’ She just said, ‘I am sorry, I am sorry. I didn’t try to.’” 

Scottie Smith, the apartment manager, was about 20 feet from the incident. He’s quoted at length in the suit. He said he saw an unmarked white car speed past him followed by a red or burgundy car. The driver fled the burgundy car and the officer in the unmarked vehicle gave chase.

Two officers in a cruiser behind the maroon car exited and walked toward it it, Smith said. 

“They approached the driver’s side of the burgundy car, opened the door, and well, the lady opened the door and then shot. It happened all within five seconds tops,” Smith is quoted as saying. 

Wilburn is on administrative leave while internal affairs investigates. Walker had to be revived at the hospital and now has a large “L” shape scar across his torso. He has had multiple surgeries to repair his stomach and his small intestines. 

"We know there is going to be incredible efforts to assert immunity on her behalf, they are already trying to smear Kelvion," said Geoff J. Henley, the attorney representing Walker. 

The suit claims "Wilburn used excessive force" and that officers did not "immediately call for an ambulance," violating Walker's constitutional right to medical care while in police custody. 

Robertson, the driver, was arrested on Monday and charged with unauthorized use of a vehicle, evading arrest and aggravated robbery at gunpoint related to a Dec. 8 incident. However, police say Robertson has admitted to being the driver the day Walker was shot. 

The suit alleges that Walker was in the car for only "two minutes" and did not know it was reported stolen. 

The suit also cites an incident when Wilburn and a colleague stopped at a 7-Eleven convenience store en route to a domestic violence call in August 2012. Deanna Cook was killed then, her murder largely captured on a 911 call. 

Wilburn knocked on her door and had someone call Cook’s cell phone, which went to voice mail. She and her colleague left. Cook’s body was found by her family days later.

The suit is seeking compensation for medical fees, attorney’s fees, loss of earnings, physical pain and suffering and more. 

The Dallas Police Department declined to comment on the litigation, citing the internal investigation into Wilburn’s actions.

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