Family of man killed by APD officer files wrongful death lawsuit

The family of a man shot to death by Austin police has filed a federal lawsuit against the city and three police officers.

The deadly police shooting happened two years ago outside the man's home in south Austin.

"Rajan was this quiet guy who would walk into the room and look around, and he would walk up to the person who needed something," said Ruth Moonesinghe, Rajan’s mother.

That's how loved ones describe 33-year-old Rajan Moonesinghe.

In the morning hours of Nov. 15, 2022, the Austin Police Department received a call about a man pointing a rifle down the street. A caller stated Moonesinghe was armed with a firearm and yelling at an apparent intruder in his home.

When officers arrived, they said they saw a man shooting into his home, prompting APD officer Daniel Sanchez to fire. Moonesinghe was killed.

Rajan Moonesinghe

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On the two-year anniversary of his death, Moonsinghe’s family filed a 32-page wrongful death lawsuit. The family says this was its last resort.

"We have been unsuccessful in working with the city to influence policy. We have determined that a financial deterrent is the only thing that will bring about progress and force Austin to embrace policies for de-escalation and providing life-saving aid," said Mark Moonesinghe, Rajan’s brother.

The lawsuit names the city of Austin, and three APD officers: Daniel Sanchez, Stephen Market and Luis Brito, as defendants.

It includes an unreasonable force claim, a failure to render aid, and blames the city for a lack of training.

The lawsuit is asking for officers to prioritize de-escalation, even asking for a financial incentive for officers who successfully de-escalate situations.

"All officers must get updated and regular training to use when someone needs lifesaving aid. And lastly, ensure that officers are disciplined for failure to de-escalate and failure to render aid," said Mark.

"Our hope is that the filing of today's lawsuit will get the city's attention, will get the APD attention, and we'll rally support behind the idea that we deserve better as citizens of Austin than what the Moonesinghe family received," said Jay Ellwanger, the lawyer representing the family.

Rajan was the founder of Austin-based tech company InKind. The family says it pledges to use the funds from this lawsuit toward ensuring this does not happen to anyone else.

That day still sticks with his family, two years later.

"The bullet holes are not there. The bloodstains are off of the cement. But, you know, every time I walk up here, I see those things. You can't get them out of your mind," said Mark.

APD has previously said it will continue to support Sanchez as this process moves forward.

Officer Sanchez has been criminally indicted for this shooting. Sanchez is set to go to trial in March 2025.

Sanchez’s attorney has previously said his force was reasonable.

"Mr. Moonesinghe was firing in a neighborhood, he was dangerous, and when he turned on officer Sanchez, officer Sanchez had no other choice but to use deadly force to protect himself and the other people in the neighborhood," said Brad Heilman, the attorney representing officer Sanchez.

FOX 7 Austin reached out to the city for comment, and said they are working on a response.