SHELBYVILLE, KY (WAVE) - WAVE 3 News has obtained the Kentucky State police investigation into the November shooting death of a former teen athlete.
18-year-old Trey Williams was shot and killed inside his grandmother's home by a Shelbyville police officer.
A grand jury decided not to indict officer Suzanna Marcum on one count of murder, but now were learning more about what happened between Marcum, her fellow officer Frank Willoughby and Williams.
We know police got a call that a black male was seen breaking out a window on Clifton Court, which was Williams grandmother's house.
On the tape, the officers enter the home and confront Williams who ran to a back bathroom.
Williams is tased as the struggle continues into a back bedroom.
According to the state police investigation the officers used their tasers on Williams to try and bring him under control.
The officers follow Williams to other rooms and the investigation states that Willoughby, was assaulted from taking blows to the head. That's when Marcum fired three shots at Williams.
He was struck multiple times. On the tape you can hear a few seconds between each shot that is fired.
Attorneys Ann Oldfather and Frank Mascagni represent the family of Trey Williams.
After viewing the video Oldfather told WAVE 3 News, "From a lawyer's perspective, there's no question, the young man's civil rights were violated and from a human perspective there's no question, he was profoundly disturbed and he was killed."
The KSP investigation states that the teen assaulted Willoughby by putting the officer in a choke hold and hitting him the head. In his interview, Willoughby said, "I thought, this guy's trying to kill me."
Marcum told investigators Willoughby asked for help and she responded, "All I can do is shoot him." On the camera audio it appears she asks "Can I shoot him?"
The attorneys say Williams, who tested positive for marijuana had been treated for mental issues.
They believe the camera shows Williams trying to put his hands behind his back early on in the bathroom but, they believe he has trouble due to the constant stream of tasing.
"He's tased and the officer says 'stop resisting'," Mascagni told WAVE 3 News, "he's not resisting, he's a scared rabbit that just ran into an electric fence!"
They lawyers contend the officers could have changed the outcome by having better judgement, backing away and calling for more officers or a negotiator.
They also question why the Commonwealth Attorney only presented the grand jury one option: A single count of murder against one officer.
"This isn't murder," Oldfather said, "nobody ever thought it was a murder but, it's a horrible outcome and an unjustified use of force."
The attorneys say the grand jury should have had the choice of manslaughter and reckless homicide and both officers should have been presented.
They have also questioned why the officers would go forcibly into the home without a search warrant.
They will seek monetary damages for the Williams family.
WAVE 3 hasn't been able to speak to the officers due to possible pending litigation but, the Shelbyville Police Chief has told us, he felt the grand jury made a fair decision and added that it's been a tough time for his whole department.
Tuesday, September 2 2014 5:12 PM EDT2014-09-02 21:12:05 GMT
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