Father files wrongful death lawsuit against Mesquite police officer, city in fatal shooting
DALLAS – Saturday, Dec. 14, became a day of food and reflection for Stephen Lawrence and his family.
They decided against a balloon release to honor Payton Lawrence.
Instead, he filed a wrongful death lawsuit against the officer who Mesquite police said killed the 19-year-old.
"Obviously, you grieve," Lawrence said. "His whole family is grieving behind what happened."
The lawsuit was filed in Dallas County against Mesquite Officer Jack Paul Fyall II and the city of Mesquite. MPD had chosen not to publicly name Fyall following the fatal shooting.
On Friday, Lt. Michael Kelly said the department could not provide further comments or additional information due to the pending litigation. Kelly said inquiries are being handled by the city attorney's office, which has not responded to CBS News Texas.
The filing is more than 20 pages, accusing Fyall of crossing the line, alleging a pattern by the officer through previous cases, and calling out Mesquite PD for poor training and leadership.
"I wouldn't want a chief who's over a department who allows this kind of behavior to keep happening. You know, who's the criminal here?" Lawrence said.
The 51-year-old's son was shot three times, police said, as the 19-year-old slowly reversed and drove forward in his twin sister's car. Investigators noted that three friends were in the rear seat.
In a narrated video of the critical incident, police said Payton did not comply with 12 commands from Fyall, who had his gun drawn in the video.
Payton Lawrence can be seen in the video initially with both hands up. His father and attorney said he eventually used one hand to move the gearshift. In the meantime, Fyall stood in front of the vehicle, shouting "stop" and "don't move."
"And what I think falls flat is to say after the fact, I felt I was in fear when the actions in the video clearly show you were never in fear for your life," Blerim Elmazi said. "You were never in fear for anyone's life, quite frankly, when you shot Payton three times in the chest."
According to a brief statement, the Dallas County District Attorney's Office has not indicted a case connected to Fyall. At the very least, Lawrence hopes to bring attention to a department he believes has unaddressed issues through the civil suit.
"Well, one, I think my son is innocent. There is also a wrongful death," he said.
Police, in an edited video, said Payton Lawrence dropped a friend off to pick up a Hyundai sedan. His father does not believe his son knew the vehicle was stolen. He even said they discovered the vehicle in question may have been taken days before Dec. 14. CBS News Texas could not confirm that with the police.
Lawrence said the critical incident video makes it look like his son and friends were up to no good. The video shows the youngsters stopping and talking in the alley where they got the vehicle.
The group stopped to get gas even though Fyall was initially near them on the roadway. But when the officer drove into the parking lot to check to see if the Hyundai matched a call for a stolen vehicle, the situation escalated to death.
Lawrence's son was not in a stolen car. He points out Payton was several pumps over at the convenience store's gas station, but Fyall told investigators he saw the two vehicles together.
"The officer had no prior indication that Payton was involved in criminal activity," Elmazi said.
Police found several guns inside the vehicle with Payton Lawrence and three passengers. Officers said no one was arrested for the stolen vehicle after someone at the scene got away.
One person in the vehicle with the deceased driver was arrested on an outstanding charge. Police said Payton Lawrence had an unfulfilled warrant for aggravated assault with a deadly weapon.
Lawrence said his son was "turning the corner" in life before he was killed.