A wrongful death lawsuit has reportedly been filed by the widow of 44-year-old Kevin Hicks, claiming IMPD Officer Robert Carmichael violated Hicks’ civil rights and used excessive force during the April 2016 encounter in which Hicks was killed, according to Fox 59.
“Officer Carmichael used excessive, unreasonable and unnecessary force in attempting to arrest and/or otherwise detain Kevin Hicks,” the lawsuit said, adding that Carmichael shot Hicks “unlawfully and without legal cause.”
The lawsuit seeks unspecified damages as well as administrative costs and legal fees.
The fatal shooting took place on April 5th, 2016, when Hicks’ widow, Heather Hicks, called 911 and asked police to remove her husband from the car, after saying Hicks had struck her. Officer Carmichael responded and punches were thrown between him and Hicks as the two went down on the ground, which was captured on camera.
The shooting however was not captured on camera but according to Fox 59, IMPD said Hicks may have tried to get control of Carmichael’s gun during the scuffle which is when the gun was reportedly fired, killing Hicks.
Hicks was pronounced dead at the scene, while Carmichael was treated for a bite to the hand and a possible concussion.
A year after the fatal shooting, the Marion County Prosecutor’s Office declined to file criminal charges against Carmichael in connection with the shooting.
However, Carmichael left the department in November 2017 on medical retirement, according to the IndyStar.
The Indianapolis Metropolitan Police Department, city of Indianapolis and an IMPD officer are named in a wrongful death lawsuit.
SOURCE: Fox 59 | IMAGE CREDIT: Getty