Man shot by MPD officers in incident caught on camera in August files federal civil rights complaint

MILWAUKEE -- A man shot by Milwaukee police near 29th and Wisconsin on Aug. 31 has filed a federal civil rights complaint  against the City of Milwaukee, Chief Ed Flynn, and Milwaukee police officers.

Jerry Smith Jr., 19, was shot on a rooftop after a short chase by police in an incident captured by cellphone camera.

Smith was never charged in connection to this incident. A statement announcing the federal civil rights complaint says "we have been advised that both of the MPD officers which shot Jerry Smith Jr. have invoked their Fifth Amendment right to remain silent and have derailed the investigation." The statement says "the decision on whether to charge these MPD officers with attempted first degree homicide will have to wait until the officers decide if or when to cooperate."

The statement says Jerry Smith Jr. "has lost the use of his right leg from the bullet fired by an MPD officer." It notes that Smith "had no weapon when he was shot in the abdomen and head." It says Smith was shot as he called his mother on the phone.

An MPD spokesman issued this statement in response to the filing of the complaint:

"The officers involved with this incident remain on administrative duty.  They have not made a statement.  The DA has received initial reports but follow up investigation continues."


PHOTO GALLERY



The federal civil rights lawsuit alleges he was unfairly targeted under a "stop and frisk program."