Randy McIlwain, NBC 5 News
A teenager shot in the most recent officer-involved shooting in Dallas is suing the police officer who pulled the trigger.
The 19-year-old high school student who is the most recent person shot in an officer-involved shooting in Dallas has filed a civil lawsuit against the officer who pulled the trigger.
Kelvion Walker, says in his lawsuit that he was unarmed, surrendering and not committing any crime when shot by Officer Amy Wilburn on Dec. 9.
Walker was a passenger in a vehicle that had been stolen in a carjacking a day earlier. Officers were tracking the car via GPS and attempted to stop it.
Walker says in the lawsuit he urged his friend to stop -- once he did, everyone riding in the car including the driver ran from police. Walker says he stayed and had his hands up when officer Wilburn approached the car and shot him within seconds of seeing him.
One independent witness backed up Walker's version of events.
Walker says he asked Wilburn why she shot him and he says in the lawsuit Wilburn responded, "I'm sorry, I'm sorry, I apologize, I didn't try to."
Walker's attorney Geoff Henley says this is a clear case of excessive force. "If he (Walker) was an absolute participant does that give somebody the legal right to shoot an unarmed, completely compliant surrendering suspect? No way, no how, it does not exonerate you," said Henley.
The lawsuit for now names only Wilburn and does not hold the Dallas Police Department or City of Dallas responsible for any damages.
Henley says Walker has suffered tremendously and continues to recover from his injuries.
Walker has not been charged with any crimes at this time, investigators say they are working to enhance video from a police camera mounted inside a patrol car to see if it corroborates Walker's claims that his hands were up and he was surrendering when he was shot.