NASHVILLE, Tenn. (Jen French)
-- A mistake made by a Metro Police detective has triggered a civil suit
against the city.
This week, a lawsuit was filed
against the City of Nashville after a former Metro detective's rifle accidently
fired and hit a man in the leg.
Court documents obtained by FOX
17 say former Detective Charles McEachron's AR-15 rifle was hanging in front of
him while he and two other officers were holding Genaro Pascual to the ground
outside of the Woodbridge Apartments on October 27, 2013.
Court records say while Pascual
was bending his knees, the detective's rifle accidently discharged. Pascual was
hit in the lower right leg. The rifle's safety wasn't turned on.
Neighbor Jackie Shamblin
doesn't mind seeing the occasional patrol car in the apartment complex, but
believes the detective should have had more control over his weapon.
"We need our police
officers. Oh definitely," Shamblin said. ""I believe he's
[Pascual] got every right to sue, you know?"
According to a Metro Police
affidavit, that Sunday before 10:00 PM, officers responded to 330 Bridgeway Circle
about a man firing shots in the air. Pascual matched the description of the
shooter. Police found a silver semi-automatic pistol in his waist band.
Officers say he resisted arrest.
"He [the detective] had
his hands on Mr. Pasqual's arm, and he pulled Mr. Pasqual into him,"
attorney Bryan Moseley said.
Attorney Bryan Moseley told FOX
17 this is not a case of police brutality. It's a mistake made by police.
According to the civil suit,
McEachron "did not position his AR-15 behind his back," and the rifle
was "not secured."
"Something, whether it be
a body part, clothing or some equipment likely hit the trigger," Moseley
said.
Moseley said Pascual suffered
serious injuries and has had several surgeries since the accidental shooting.
State law permits him to claim up to $300,000.
After the accidental shooting,
McEachron was suspended 30 days. A Metro Police spokesperson told FOX 17 he
resigned. His last date of employment with the MNPD was on January 18, 2014.
The City of Nashville has 60
days to respond to the lawsuit.
