A former North Texas police officer who fired 41 shots at a chase suspect has been indicted on a charge of manslaughter in the fatal shooting.
The Dallas County grand jury indictment of Patrick Tuter, 33, in the Aug. 12, 2012, death of 25-year-old Michael Vincent Allen, was released Monday.
Tuter, who was a Garland police officer, fired the shots after a high-speed chase that began in Garland and ended in Mesquite.
The Garland Police Department at first said Tuter opened fire in fear of his life, but dashboard camera video showed that he rammed Allen's truck and fired 41 times, reloading twice, after cornering Allen.
Allen, who was unarmed, was wanted on suspicion of eluding police in Sachse a few days earlier.
Tater's attorney, Robert Rogers, said in a statement that his client did not commit a crime.
"Someday soon, Patrick will be able to present his case to a jury," he said. "The evidence and police experts will prove that his actions were justified. It's a shame that, on Veterans Day, instead of honoring Patrick for his military service in Iraq, he gets indicted for actions that are completely justified."
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Allen's family has filed a federal lawsuit against Tuter.
"He clearly should have pulled over, there's no question, but there was no justification for the use of force," said Don Tittle, the family's attorney. "He also shouldn't have lost his life over it."
Tuter was fired in February after an investigation determined he violated department policies on pursuits and use of force.
Mesquite police conducted a criminal investigation that resulted in the manslaughter indictment.
If convicted, Tuter would face up to 20 years in prison.
NBC 5's Ken Kalthoff contributed to this report.
