Man shot, injured by APD officer sues for excessive force

AUSTIN, Texas - A man shot and injured by an Austin police officer in April is suing for excessive force.

Police say on April 6, 2024, around 2 a.m., a 911 call came in about two men arguing at the Cliffs at Barton Creek Apartments on Tamarron Boulevard near Mopac. 

Two officers went to the front of the apartment where they heard yelling and announced themselves.

Officer Gabriel Walker Prado spotted Avelino Medel II through the patio door, yelled that Medel had a gun and fired at him.

Medel was taken to a hospital and released the next day. 

Medel's attorney, Jeff Edwards, says he suffered from internal injuries and has PTSD. He is now suing Walker Prado and the city. 

Edwards says Medel and his father were arguing, and the gun was pointed in an upward direction as he walked to the front door.

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"He had a gun as he was legally entitled to do. It was raised in the air in a non-threatening way, and he had loudly conversed with his dad. Now, if loudly talking to a parent is license for deadly force to be used, this community's in a lot of trouble," Edwards said.

The lawsuit claims APD has a long history of using excessive force and failing to de-escalate. 

"The problem is nobody has bothered to hold officers accountable," Edwards said.

Medel is seeking compensation for pain, medical expenses, and lost wages. Edwards says this should be a teaching moment for the department. 

"The officer should have announced himself and given a warning to the individual, 'sir. I'm outside. I need you to put the gun down. It's the police,'" Edwards said. "We're not asking the police department to fire or terminate this officer. We're asking the department to teach this officer. He made a terrible mistake, an act of judgment that needs to be fixed."

In a statement, the City of Austin says: 

"We are aware of the lawsuit. To maintain the integrity of the ongoing investigative process, the City will respond through the appropriate court channels."