Family of Marlon Horton files civil rights suit in fatal police-involved shooting

CHICAGO (WLS) -- The family of Marlon Horton, a 28-year-old man killed in a police-involved shooting, believes the officer allegedly involved in the incident could have taken actions to try to save his life after calling 911.

"We want justice. Bottom line. We feel a wrong was done to him," said Jarrod Horton, Marlon's brother.

Attorneys representing Horton's family said an officer allegedly shot and killed Horton for urinating near an off duty police officer's vehicle on Sept. 7, 2013, minutes after Horton was turned away from a West Loop CHA building. Attorneys have now filed a civil rights lawsuit in federal court.

"This is not a black and white issue. This is an issue between police and unarmed African American men," said Jeffrey Granich, the family's attorney.

CHA security footage released Wednesday shows the entire incident.

The officer, who is named in the lawsuit as Kenneth Walker, was working a second job as a security guard that morning. He is seen in a white t-shirt and black jeans. A second female security guard is wearing black. The video shows both of them confronting Horton outside the building, initiating a physical altercation and moments later drawing their weapons. A couple of minutes go by before Walker allegedly shoots Horton, then calls 911.

From security footage:

Walker: "This is an off-duty PO who was involved in a shooting."

911 operator: "Where at?"

Walker: "I need a supervisor and police to come over to... hold on."

911 operator: "Where at?"

Walker: "1815 W. Monroe. I need an ambulance too. I need an ambulance."

Granich said what's most jarring is no one made an attempt to help Horton.

"My question is: if this were a woman, if this were a police officer, if this were a white college student, would he be allowed to lie on the ground and bleed to death?" Granich said.

When asked about that Tuesday, Chicago Police Supt. Garry McCarthy defended the off-duty police officer's response.

"Comforting somebody who you were just in a life and death confrontation with is not an easy thing to do," McCarthy said. "Most officers are going through trauma at that point. Most of them go to counseling afterwards. The officer called 911. I think he fulfilled his obligation."

A spokesperson for the Chicago Police Department said Walker is still on duty because the Independent Police Review Authority, which is in charge of the investigation, has still not resolved whether the shooting was appropriate or not.