Family of Anchorage man shot and killed by police files lawsuit
ANCHORAGE, Alaska (KTUU) - The family of an Anchorage man shot and killed by police earlier this year filed a lawsuit Tuesday against the four officers involved and expects to take the city to court as well.
The 24-page lawsuit details the night that 34-year-old Kristopher Handy died.
“...at no point did the officers warn of using deadly force,” the lawsuit states.
The Anchorage Police Department has been involved in five shootings in Anchorage in less than two months this year, starting with the one that killed Handy on May 13.
APD told Alaska’s News Source it will not comment on this case, citing the nature of the pending litigation.
State prosecutors have declined to file charges against the Anchorage police officers.
“The family wanted accountability for Kris’ death. They were hoping to get that from a criminal prosecution of these officers, but that’s clearly not what happened,” James Roberts, who works for the civil rights division of the Dallas law firm Palmer Perlstein, said in a Zoom interview on Tuesday. “For some reason, the prosecutors decided that they were justified in the shooting, even though it’s not even an argument when you watch the video, that Kris never raised that gun. He presented no threat.
“Because the prosecutors decided not to move forward criminal charges, the only other way to get accountability is through a civil rights lawsuit.”
The attorneys involved in this case are working with Benjamin Crump, a notable lawyer who has famously represented the families of Trayvon Martin, Ahmaud Arbery, Martin Lee Anderson, and Breonna Taylor.
“I think any time you’re you’re going to do something. you want the best, right? You want the best doctor, you know, you want the best lawyer. And, so they went to who they believe was the best. That was Ben Crump, and he only works for the best. That’s us. So that’s who’s working on this case,” Roberts said.
Alaska’s News Source previously reviewed home surveillance video of the final moments of Handy’s life before he was shot and killed by Anchorage police officers that paints a different picture of the shooting than was initially described by the Anchorage Police Department.
The lawsuit says the officers killed Handy without legal reason or justification, in violation of his Fourth Amendment rights.
It says Handy wasn’t a threat the night police were called to his apartment because he was holding a shotgun in one hand and it was pointed to the ground with no indication he was going to use the gun.
Police said they were called to the apartment on the 7100 block of Bearfoot Drive around 2:15 a.m. for a disturbance in one of the units between Handy and a woman.
In a 33-second surveillance video obtained by Alaska’s News Source and timestamped beginning at 2:38 a.m., Handy can be seen walking toward the front of the building, yelling obscenities and holding a long gun by his side.
A police loudspeaker can be heard, in part, addressing Handy.
“Anchorage Police Department. Come out ... Kristopher Handy. Put your hands in the air ... Hands up.”
Handy is seen walking down a short flight of stairs, his body illuminated by light from the apartment complex.
He stops and faces police with the gun still visible, pointed downward at his right side. He doesn’t appear to raise the gun in the video.
At least 10 shots can be heard as Handy immediately collapsed to the ground, where his body laid — according to neighbors — for several hours.
After the shooting, during a news conference, police chief designee Biannca Cross said that he raised a gun toward the officers.
“The Anchorage Police Department, along with a couple members of the the officers that were there, came out and said that the reason that he was shot was because he raised his gun. Clearly, that didn’t happen,” Roberts said. “We have video that conclusively shows that he didn’t raise his gun, and so to say they were justified because he raised his gun, it’s just a bold-faced lie.”
The lawsuit was filed on behalf of Handy’s parents and three children.
“We’re looking for monetary relief,” Roberts said. “We’re looking for accountability. We want better training. We want these officers to understand what they should do when they’re dealing with someone who’s either under the influence of drugs or alcohol, or dealing with [a] mental health crisis. So we’re looking for accountability with the police department, but also monetary damages.”
The amount hasn’t been decided yet, Roberts said.
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