Lawsuit: Family alleges 'drive-by-style' police shooting killed Hickory man ...Middle East

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HICKORY, N.C. (QUEEN CITY NEWS) -- The family of a Hickory man has filed a wrongful death lawsuit against the City of Hickory and three police officers, claiming the 2023 shooting that killed Timothy Craig Setzer Jr., 22, was “excessive and unconstitutional.”

The lawsuit, filed by civil rights attorneys Michael Littlejohn and Anthony Burts, alleges that when Setzer was shot by police he was actually running away.

According to the lawsuit, a Hickory Police Department officer fired from the passenger seat of a moving patrol car, about 50 to 60 feet away, striking Setzer as he fled. Attorneys describe it as a “drive-by-style" police shooting.

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The lawsuit claims Setzer was unarmed, with his back turned to officers, and that no warning was given before police opened fire. The lawsuit alleges officers fired approximately 30 rounds, even continuing to shoot after Setzer fell to the ground.

“Police cannot kill an unarmed, non-dangerous person just to stop them from getting away,” Littlejohn said in a released statement. “Timothy Setzer posed no immediate threat to anyone. Yet officers fired nearly 30 rounds, including from a moving patrol car, as his back was turned, ending his life.”

At the time of the shooting, police were responding to reports of gunfire at a home in Hickory. Authorities said Setzer was found nearby and ignored commands to stop.

According to Hickory Police, Setzer pulled a gun from his waistband, prompting officers to open fire. However, the lawsuit states that a gun was not recovered at the scene but was later found in a wooded area, about nine hours after the shooting, by agents with the State Bureau of Investigations. The suit claims there is no forensic evidence connecting Setzer to the gun.

Bodycam video and sworn statements to SBI agents included in the complaint show officers admitting they did not see a gun in Setzer’s hands, the lawsuit states.

Attorneys also cite an autopsy that documented multiple gunshot wounds to Setzer’s back and legs, along with a fatal shot to the top of his head, suggesting he was collapsing when killed.

The lawsuit includes federal claims for excessive force, as well as state-law claims for wrongful death, assault and battery, and negligence. Queen City News has reached out to the City of Hickory for comment on the lawsuit and is awaiting a response.

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