RACINE — A Racine family is pursuing justice in federal court following the death of Da'Shontay King, who was shot and killed by a police officer three years ago.
"There was no reason for him to be shot multiple times while he was running away from a police officer,” said King’s sister Natasha Mullen.
Memories flood Mullen's mind whenever someone asks about her brother — a father of four gone at the age of 37.
"He would have laid down and given his life for me, for his other siblings, for his children, especially his children,” she said. “They were his life."
Mullen noted how hard the death was to explain to his children.
"To tell a kid that hey, not only is he not here but the people that we tell you are supposed to protect and serve are the ones who ultimately took his life."
Back in May 2022, Racine Police Officer Zachary Brenner stopped a car while executing a search warrant for King who was wanted for being a felon in possession of a firearm.
Watch: Racine family files federal lawsuit against officer who shot and killed Da’Shontay King
"It was like watching a movie, but yet I'm watching a movie that is my life,” Mullen said.
King ran from the car with a gun in his pocket. Body camera video shows Officer Brenner chasing King as he hopped a fence in a backyard and climbed a hill while giving several commands.
Still images from the body camera show King dropped a gun. The investigation found he was shot four times by Officer Brenner as King went to grab it.
The district attorney’s decision report says, “There is only 1/100th of a second between the time that Mr. King turns right to retrieve his gun and when Officer Brenner is done firing his fourth round."
Officer Brenner was cleared of criminal charges months later.
The district attorney’s report says "{Officer Brenner's} intentional use of a firearm was reasonable and necessary under the circumstances."
"He gave plenty of commands and opportunities and warnings and waited to see what would happen as long as he could,” Racine Police Chief Maurice Robinson said in a news conference following the shooting.
Frustrated by the ruling, King’s family says they’re now seeking a different outcome in federal court.
"Da'Shontay doesn't do anything to turn toward the officer, point a firearm at the officer, or anything like that,” said civil rights attorney William Sulton.
Their lawsuit filed by Sulton argues Officer Brenner used “excessive and unreasonable force.”
"He shot at near point-blank range in center mass, vital organs,” Sulton said. "Any normal person would be completely disabled after a shot like that. There's no reason to fire two, three and four."
TMJ4 wanted to learn a use-of-force expert’s perspective who isn’t affiliated with the case.
"I've been in situations where I've had to use various levels of force,” said Ricky Burems. “I was in a situation, a shooting situation myself."
TMJ4’s Lighthouse team showed the body camera footage to Burems. He’s a retired Milwaukee Police Department detective who now teaches use-of-force tactics.
“What are police officers trained to do in a situation like this?” reporter Ben Jordan asked.
"Police officers are trained to stop the force, to neutralize the force, to neutralize the threat,” Burems said. "For the officer to shoot this young man four times in the side, again, I understand it, and I know that is the way that police officers work or police officers are trained, but in some instances, and maybe even in this instance, if the officer were to shoot this guy because the guy's back is to him, he perhaps could have only shot him once in the lower half of his body and that would have been enough to deter any further action from the young man, and that way, a life would have been saved."
Officer Brenner has yet to respond to TMJ4’s interview request. The Racine Police Department declined to comment on the lawsuit.
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