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A father of two who feared for his life and yelled “someone is going to kill me,” as police approached, died after cops struck him 26 times with a taser, the Charlotte Observer reports.
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His family wants justice and filed a lawsuit against Stanly County Sheriff’s deputies near Charlotte, NC, saying they used excessive force that killed 39-year-old Marlon Bryan Lewis.
The police defend their use of force saying that Lewis tried to grab their gun. They also argue that his death is a result of cocaine toxicity.
“I believe (the deputies) showed commendable restraint,” said Scott MacLatchie, the attorney for the sheriff’s deputies.
“When someone tries to remove your gun from your holster, you are authorized to use deadly force. And they did not elect to do that here.”
The pathologist who conducted Lewis’ autopsy concluded that the electrical shocks did not kill him. She wrote her opinion that he died as a result of cocaine toxicity.
The lawsuit filed this month by Lewis family opposes that conclusion. The family is suing two of the deputies involved and the manufacturer of the taser, saying that Lewis died “as a direct and proximate result” of being tased 26 times within a five-minute span.
In addition, the lawsuit states that Timothy Hill, a sheriff’s deputy who allegedly tased Lewis 23 times didn’t have the authority to do so since his taser certification was expired.
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Lewis made the 911 call to report that he was in distress on Dec. 15, 2016.
According to reports, Lewis began acting erratically when cops arrived on the scene, stating “someone is going to kill me,” according to a medical examiner’s report.
The lawsuit argues that the sheriff’s deputies weren’t trained properly on the use of force. The family is seeking damages of at least $250,000.