Kevin Killeen

ST. LOUIS–(KMOX)–The family of a man shot and killed by St. Louis Police files a wrongful death lawsuit naming two officers, their supervisors and the board of police commissioners.

Cary Ball Junior was shot and killed downtown by police April 24th, following a car chase, crash and foot pursuit.

Ball was carrying a handgun, according to both sides, when he ran from his crashed car. Police have said he pointed the gun at police and they fired on him in self defense.

Attorney Freeman Bosley Jr. says four witnesses will testify police shot un-armed man.

Attorney Freeman Bosley Jr. says four witnesses will testify police shot un-armed man.

The Ball family attorney Freeman Bosley Junior says he has witnesses who will testify Ball had already thrown down his gun and was attempting to surrender when police shot him.

“Four independent individuals unrelated who say that they saw the young man throw a gun down and put up his hands before the shots were being fired,” Bosley said, “And it’s there position that the officers had time to deliberate before firing upon young Cary Ball Junior.”

Bosley says evidence will show Ball was shot by police over 25 times and in a manner that suggested they were “accelerating their aggression” even after the first shots put Ball on the ground. (View his death certificate)

“According to the witnesses there were a series of two to four shots fired while Mr. Ball was standing,” Bosley said, “And then while he was on the ground two officers stood over him and fired another twenty shots into his body. Some of the shots went through his body into the pavement, showing he was already down.”

Ball’s mother, Toni Taylor, made a tearful plea for justice and questioned why the two officers involved in the shooting were placed back on the streets.

“We still don’t understand why they were released back to work after three days,” Taylor said, “And they’re still saying its an ‘ongoing, active investigation,’ but they’re back at work. It seems somebody has made a conclusion already.”

St. Louis Police declined to comment on the lawsuit, citing department policy against discussing pending litigation.

The lawsuit also questions whether the officers involved in the shooting initiated a high speed chase that led to the crash and shooting “in violation of department policy.”

The police department has thirty days to respond to the suit.

Copyright KMOX

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