The family of a Jacksonville man killed by police in 2014 could see a judgment in their favor if the city and its Police Department do not respond in 21 days to a lawsuit, according to court records filed Friday.
According to those same court records, however, defendants in the case were not served with the lawsuit until last week, despite it being filed in November.
David Daniel McBrayer, 24, was shot and killed by Jacksonville police Officer Dale Edwards on Nov. 11, 2014, after police were called to the Coliseum Apartments about a man shooting car windows with a BB gun.
When police arrived at McBrayer’s apartment, he ran to his vehicle, retrieved a box cutter he bought earlier that day and held it in his hands as officers demanded he “put the knife down,” according to the lawsuit. Edwards shot McBrayer five times in the chest after the 24-year-old failed to drop the box cutter, according to the suit.
The federal suit, filed in November, by McBrayer’s grandmother, Shirley McBrayer Flood, lists the city of Jacksonville, police Chief Tommy Thompson, Officer Dale Edwards and the Alabama Peace Officers Standards and Training Commission as defendants, according to the suit.
A summons was sent to commission chairman and Tallapoosa County Sheriff Jimmy Abbett, Jacksonville Mayor Johnny Smith, Edwards, Thompson, and Alabama Attorney General Luther Strange, according to the records filed Friday.
The summons ordered the defendants to “serve the plaintiff an answer,” within 21 days.
“If you fail to do so, judgement by default may be entered against you for the relief demanded in the complaint,” according to the summons.
Flood requested that “damages in an appropriate amount” be awarded to the family and that a judicial order be made to require more police training in regards to “the handling of mentally disabled persons.”
Anniston attorney David Stubbs, representing the city of Jacksonville and Thompson, said by phone Monday that he had just received the case since his clients were only served on Jan. 24. Birmingham attorney U.W. Clemon, representing Flood, in an email wrote that the defendants were served late because it was “an oversight” on his part.
Stubbs said he did not foresee any issues making the 21-day deadline.
“Since the city and the police chief have just been served, we’ll be evaluating the complaint and doing our investigation before responding,” Stubbs said.