Grand jury not yet heard case against DPD officer who killed man

It's been just over a year since a Dallas police officer shot a killed a man outside a suspected drug house in South Dallas.

On August 27, 2015, Dallas police were responding to a robbery call on Penelope Street in South Dallas.

When officers arrived, they said 43-year old Bertrand Davis was acting in an erratic and threatening manner and refusing commands.

Police say Davis was armed with a pellet gun and a box cutter. He struggled with officers before they tased him twice and shot him trying to get into his wife's vehicle.

Shortly after the shooting, Dallas Police Chief David Brown told reporters his officers did good police work.

But since the shooting, Attorney Daryl Washington says he has not gotten any police reports, videos or audio recordings to find out if the shooting of his client was justified.

“If the information was available that could somehow show that Officer Terry was justified in shooting Mr. Davis, we would have gotten that information already,” he said.

Washington is suing the city and police in a federal case that alleges excessive force, wrongful death, gross negligence and a cover-up.

Washington said he filed multiple open records requests for information and got nothing.

“There is something that is not right.  Let me just say that,” Washington said. “If I have evidence that shows that an individual gave an officer a reasonable fear, then I'm not going to take a lawsuit like that.  That's just the bottom line."

The case involving the officer who fired the fatal shots has not yet gone before a Dallas County Grand Jury. 

FOX 4 requested a response from the Dallas Police Department and Chief Brown but have not heard back.

It is not clear if the officer is back on the street or still on administrative leave more than a year after the shooting.

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