WAUWATOSA -- The family of a man shot dead by a Wauwatosa police officer is putting the city on notice that they plan to sue.
They have been waiting since June for the Milwaukee County District Attorney to decide whether or not the Wauwatosa officer will be charged
Jay Anderson Jr.'s family is required by law to give the city a heads up now, or they may not be able to sue in the future.
So far, the city and police are remaining tight-lipped. The document filed by Anderson's family attorney claims evidence was not collected properly at the scene, including taking photos of where Anderson's gun was located after the shooting.
"That would be pretty typical police science that you would want to photograph that with a gun being involved," said Jonathan Safran, the Anderson Family Attorney.
TODAY'S TMJ4 has reached out to police and the city, but they have no comment.
Wauwatosa police said that back in June, one of their officers approached what he thought was a suspicious car in Madison Park at about 3 a.m. The officer found Anderson inside with a handgun. Police said the officer feared for his safety and shot Anderson. Anderson died from his injuries.
The Milwaukee County District Attorney is still deciding on whether charges will be filed against the officer involved.
Wauwatosa Mayor, Kathy Ehley, sent this statement on Tuesday:
“I cannot comment specifically on any notice filed with the City of Wauwatosa that is under review by the City Attorney’s office and the City’s insurance provider. However, I can say that this case, and providing answers for the family of Mr. Anderson Jr., is very important to me and the City. It is my understanding the DA’s office has had a number of meetings with Mr. Anderson Jr.’s family and the several different attorneys that have represented them during this process. The family’s legal representation has limited our ability to communicate directly with them. I understand there are questions and frustrations surrounding this process. The DA’s office is working through the proper legal processes and protocols to come to a final determination, which will hopefully provide answers to those questions. Consistent with our earlier position on this incident, we will be making all records in this case available to the public, following Wisconsin Public Records protocols, when the DA’s office makes a final determination and issues a report."
