An Austin police officer is facing a federal lawsuit for allegedly using excessive force when he shot Avelino Medel II multiple times through an apartment door without attempting to de-escalate the situation.
Officer Gabriel Walker Prado, who had been on the force for only seven months, fired four shots at Medel, hitting him twice in the thigh and shoulder, according to the lawsuit filed earlier this week.
The incident occurred on April 6 at Medel’s apartment in Southwest Austin after police responded to a noise complaint.
Medel, 31, was holding a legally owned gun pointed up in the air as he approached his front door, unaware that police had arrived.
According to the suit, Prado, who was standing outside a sliding glass door, fired without warning after yelling, “He’s got a gun, gun, gun,” despite Medel never pointing the firearm at anyone.
The lawsuit, filed by Medel’s attorney, Jeff Edwards, claims that Prado violated protocol by failing to issue any commands or warnings before opening fire.
“The Austin Police Department needs to train its officers that the presence of a legally owned firearm in a home does not authorize the use of deadly force,” Edwards said, explaining that Prado did not attempt to de-escalate the situation or instruct Medel to drop the weapon before shooting.
Medel, who suffered severe injuries, is still recovering from the gunshot wounds and dealing with ongoing physical and psychological trauma. He has post-traumatic stress disorder and limited mobility due to the injuries, Edwards said. No charges were filed against Medel, and Prado was placed on administrative leave following the incident.
The lawsuit seeks unspecified damages and calls for better training and accountability for law enforcement officers.
