Indiana

Family Files Lawsuit After Gary Man Fatally Shot by Police

“We want answers…we haven’t gotten anything, we want something,” said the victim's mother

The family of a man fatally shot by police in Gary, Indiana, gathered on the steps of Gary’s City Hall Tuesday demanding to know why the 25-year-old was shot to death by an officer while he sat in a car in front of his home.

“All Rashad wanted to do was take care of his family and get out of Gary, Indiana,” said Cunningham's girlfriend and the mother of his 1-year-old son Heather Fox. “I just don’t understand why his life had to be cut short.”

The shooting took place at around 3 a.m. on August 17 near East 23rd Avenue and Kentucky Street, according to Gary police.

Authorities said the fatal shooting of Rashad Cunningham happened during a traffic stop and that no officers were injured, initially declining to release further information, only that the Lake County Sheriff's Department would be conducting the investigation into the incident.

“Rashad Cunningham did not present a threat,” said Family Attorney Andrew Stroth. “He had his license and his wallet in his hands at the moment he was shot. It was unjustified.”

His estate’s attorneys said Cunningham did have a concealed carry permit and a gun with him at the time of the shooting.

“He had a FOID card and he had a right to have a weapon,” Attorney Gregory Kulis said. “But at no time during this incident, did he pose a threat to any officer. He did not point a gun, he did not fire a weapon, and without just cause or provocation, the officer fired and killed him.”

Now the family filed a federal civil rights lawsuit against the city and the police officer involved in the shooting.

“My brother’s voice has to keep going on… my brother’s soul won’t have peace, until he gets justice,” Jessica Cunningham said.

Back in August, Gary’s mayor had promised to be more transparent with the family about the investigation, something the family says has yet to happen.

“I will never see my son again…he will never be able to see his kids,” said his mother Tonia Simmons. “We want answers…we haven’t gotten anything, we want something.”

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