PITTSBURGH (AP) — A man is suing a central Pennsylvania police department saying he did nothing to provoke being shot by an officer who has claimed he thought black boxer shorts the half-naked man was holding were a gun.
Altoona police did not immediately respond to a call and email seeking comment Friday on the lawsuit first reported by the Altoona Mirror (http://bit.ly/1fob8M7 ).
In it, 46-year-old James Weyant acknowledges that he took off his ill-fitting boxer shorts while walking through an alley from a friend’s house about 4 a.m. April 8. But Weyant contends a large hoodie and t-shirt he was wearing kept his privates covered and argued he did nothing to provoke being shot by Officer Mark Sprouse, who reported Weyant was acting erratically.
The DA has determined the shooting was justified.
Altoona is about 85 miles east of Pittsburgh.