Man Killed by Off-Duty Officer in Dallas

Officer placed on leave following shooting, as per department protocol

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A man is dead after being shot by an off-duty Dallas police officer Sunday evening. (Published Monday, Aug 11, 2014)

Relatives of an unarmed man killed by a Dallas police officer Sunday are demanding answers about his death.

Andrew Scott Gaynier, 26, was pronounced dead at Methodist Dallas Medical Center after the 6 p.m. shooting.

Man Dies In Dallas Officer Involved Shooting

[DFW] Man Dies In Dallas Officer Involved Shooting
A man is dead after being shot by an off-duty Dallas police officer on Sunday evening. It happened near West 12th Street and South Montclair in Oak Cliff. (Published Sunday, Aug 10, 2014)

The incident began when police said they received a 911 call about a man walking in the 100 block of North Windomere Avenue making lewd comments to women.

Sr. Cpl. Antonio Hudson, a seven-year police veteran working an off-duty extra job on special neighborhood patrol, saw a person fitting the description of the man and started following him.

A few blocks away, in the 400 block of S. Rosemont Avenue, police said Hudson witnessed the man stop a passing van and try to climb in, alongside the family inside.

"For the safety of the family, the officer gave loud verbal commands, but the suspect refused to comply," said Maj. Jeff Cotner. "The suspect moved toward the officer in a manner perceived to be dangerous to the officer. The officer shot the suspect."

Hudson was not injured.

During a news conference Monday morning, Cotner confirmed no weapon was found on Gaynier and there is no indication the suspect was armed at the time.

Cotner said a neighbor's home surveillance video recorded the incident, and the video confirms Gaynier rushed the officer after trying to get into the van. Witnesses also told police they heard Hudson order Gaynier to "show his hands" prior to the shooting, Cotner said.

Officers have not confirmed whether Gaynier said anything to the officer before he was shot.

Resident Raymond Gomez said he heard the gunfire right outside his home.

"I was in my room. I had the door closed when I heard five gun blasts, real close by," Gomez said.
The witness said he stepped outside to see the dead man on the ground and the officer still holding his gun.

Gomez said he could still hear the sound in his head Monday and he questioned whether it was necessary.

"The officer maybe felt he was in danger, or something. That's why they shot him. But them blasts are kind of affecting my mind, too," Gomez said.

Gaynier's address in public record is a house in Carrollton, where a note on the door said relatives have no comment. The note referred visitors to Gaynier family attorney William Kennedy who issued a statement Monday afternoon:

"The Gaynier family is shocked and heartbroken by this loss. Andy was unarmed and was shot multiple times by a police officer. This tragic situation is beyond comprehension. Andy was only 26 and the proud father of a 19-month-old son. At this point, we are waiting for the Dallas Police Department to conclude their investigation."

Public records show Gaynier had a criminal record dating back to 2005, including arrests for burglary, assault, trespassing, credit card abuse and family violence.

Collette Flanagan, with Mothers Against Police Brutality, said the shooting should not have happened.

"Just because he has an arrest record, his life doesn't belong to the Dallas Police Department," she said.

Flanagan's son, Clinton Allen, was killed in a March 2013 Dallas police-involved shooting.

Flanagan believes too many people die at the hands of Dallas police, and she supports calls for a U.S. Justice Department investigation of those cases.

"We have a really bad problem in Dallas," Flanagan said.

In response to complaints and lawsuits, Dallas Police Chief David Brown revised policy and training standards for use of force in January.

Cotner said the investigation of Gaynier's shooting is still ongoing, and it is too soon to draw conclusions.

Police are also waiting for additional results from the Dallas County medical examiner.

"The autopsy performed by the medical examiner will identify injuries or any other contributing factors," Cotner said.

As per department policy, Hudson was placed on paid administrative leave pending the outcome of the investigation.

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