The mother of a man who was shot and killed by an off-duty D.C. police officer at the Wharf last year said she plans to sue the police department and the officer who shot her son.
Tanya Wilson's announcement comes one day after federal prosecutors said they wouldn't pursue charges against Cmdr. Jason Bagshaw, who shot 23-year-old Lazarus Wilson last summer.
"Yesterday was a heartbreaking time for me, but I took the time to reflect on my son," Tanya Wilson said. "My son had the prettiest smile that would light up a room when he walked in, and every day I miss that smile and I have to look at my grandson when he asks me where’s his daddy at. He actually goes to the window when I come to visit him and he looks for his daddy and I don't know what to tell him."
Bagshaw shot 23-year-old Lazarus Wilson after he and his wife, who is also a D.C. officer, saw Wilson pointing a gun at someone the night of July 16, police and prosecutors said.
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When they saw Wilson pointing a gun at another person, Bagshaw retrieved his service pistol from its holster, pointed it in the direction of Wilson and said, “MPD, drop the gun!” the attorney's office said.
Wilson didn't comply, and Bagshaw fired one round that hit Wilson in the left cheek. Wilson died later that night at George Washington University Hospital.
The U.S. Attorney's Office said Thursday there was not enough evidence of excessive force to pursue charges against Bagshaw.
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"After a careful, thorough, and independent review of the evidence, federal prosecutors found insufficient evidence to prove beyond a reasonable doubt that Commander Bagshaw used excessive force under the circumstances," the attorney's office said in a release.
Wilson's family and their attorney said Friday that Wilson was protecting a friend who was being robbed and the family plans to sue Bagshaw and the Metropolitan Police Department for wrongful death.
"Mr. Wilson was the one who needed assistance," attorney Andrew Clarke said. "We have a witness, someone who spoke to the police that night who told investigators that he and Mr. Wilson was being robbed that night."
Police said officers recovered a handgun at the scene and a bag containing more than $30,000 in cash.
Protesters have called for Bagshaw to be fired, and accused him of using excessive force in other cases. Police Chief Robert Contee has previously said he had no knowledge of Bagshaw using excessive force.
Bagshaw was placed on paid administrative during the investigation of the shooting. His wife’s name was not released. She was not armed at the time of the shooting, police said.
