Shooting victim's mother sues the Houston Police Department

(4/10/07 - KTRK/HOUSTON) (KTRK) -- The family of a Houston man, shot and killed by a Houston police officer, announces they plan to sue the city for millions of dollars.

After that shooting back in January, there were conflicting accounts of whether Robert McIntosh was handcuffed when he was shot and killed. At one point, some eyewitnesses even changed their stories.

It's been nearly three months since Danetta McIntosh lost her youngest son Robert, but for this mother, it still seems like just yesterday.

"It's like I'm looking for Robert to come back through the door," she said. "I know it's not going to happen."

Since then, she's heard different reports of how he died. Houston police say it was after a traffic stop. McIntosh supposedly fled, Officer Leonard Smith pursued, they struggled and according to police, McIntosh turned the officer's Taser against him. The officer then shot him.

One eyewitness maintains that McIntosh was killed while in handcuffs.

"What they've put me through, my family through, I now want justice," Danetta said in tears.

For her, justice comes in the form of a number.

"Ten million dollars is a number and it's just a big number and that's really the point," said her attorney Derek Merman.

Her attorney has put the city of Houston and the police on notice that they plan to sue. The claim is for wrongful death and emotional suffering.

In response to this notice, the mayor's press secretary released this statement to Eyewitness News:

"Any loss of life is regrettable. Because of the threat of pending litigation, the city will not be making any comment."

The claim is meant to send a message about better police training. McIntosh says money is not the motivator.

"I don't want one penny of it, they can bring my son back," Danetta said. "That's what I want to happen."

McIntosh's death has prompted the city to take a look at HPD's policy on Tasers as well as deadly force. A Harris County grand jury continues to hear evidence about this case to determine whether the officers should be indicted.

McIntosh's death is one of three fatal shootings by HPD officers this year.

The most recent was back in February when an officer shot and killed robbery suspect, Michael Meloy. When police confronted Meloy, the officer says he had a knife and lunged at him with it. That's when the officer shot him.

And back on January 7th, Houston police officers shot and killed Omar Esparza, who they say charged them with a hammer. Officers say they first tried using a bean bag gun but it didn't work. Esparza's family is suing the department, saying they should have waited longer before entering the home.
(Copyright © 2007, KTRK-TV)

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